Globe Electric Co. v. Montgomery

Citations

• 85 Wash. 452
• 148 P. 596
• 1915 Wash. LEXIS 854

Syllabus

<p>Appeal — Record—Certification—Amendment. The fact that the original certificate by the. trial judge to the bill of exceptions did not meet the requirements of Rem. & Bal. Code, § 391, would not be ground for dismissal of the appeal, where an amended certificate which satisfies the statute was later filed and, by stipulation of the parties, the clerk of the supreme court was authorized to attach same to the bill of exceptions on file in the supreme court.</p> <p>Appeal — Harmless Error — Bill of Exceptions — Omissions. The omission from a bill of exceptions of interrogatories to garnishee defendants prior to trial and their answers thereto could not be assigned as error, where the bill of exceptions did not show that they had been offered in evidence.</p> <p>Appeal — Record —■ Certificate — Impeachment — Reference. In order to impeach the trial judge’s certificate that a bill of exceptions contains all the material facts, the respondent’s remedy is to apply to the supreme court for an order of reference to have the question determined.</p> <p>Appeal — Record—Abstract—Sufficiency. An objection that the testimony set out in an abstract of the record is substantially a copy of that contained in the bill of exceptions without further condensation, is without merit, where in the preparation of the bill, giving the testimony in narrative form, all unnecessary matter was eliminated, and a further condensation would result in an incomplete presentation of the case.</p> <p>Appeal — Notice of Appeal — Parties. On appeal from orders in„ garnishment proceedings in which the principal defendants have no interest, service of notice of appeal on the principal defendants is unnecessary.</p> <p>Fraudulent Conveyances — Bulk Sales Law — Preference. Where the value of a stock of goods taken by a creditor from a failing debtor is less than the amount due it on open account, the transaction amounts to no more than a preference and not a sale, and such creditor is not liable to garnish