Howell v. Dunning

Citations

• 107 Wash. 369
• 181 P. 697
• 1919 Wash. LEXIS 1018

Syllabus

<p>Appeal (288) —Statement of Facts — Extension of Time foe Filing—Excuse foe Delay. Failure to file a statement of facts within thirty days is excused, and an application for an extension of time, made within the sixty days when an appeal could have been taken, should have been granted, and a proposed statement filed within the ninety days permitted by an extension should have been received and certified, where appellant’s attorney was quarantined at his home during an epidemic and thereby prevented from acting earlier.</p> <p>Same (288, 311)—Statement of Facts—Extension of Time— Compelling Allowance. Under Rem. Code, § 1730-8, appellant, erroneously refused an extension of time for filing a proposed statement of facts, may proceed by motion in the supreme court to obtain an extension of time and direction to the lower court to certify a statement; or such motion will be considered as an application for a writ of review.</p>