In re Estate Geissler

Citations

• 99 Wash. 452
• 169 P. 822
• 1918 Wash. LEXIS 629

Syllabus

<p>Prohibition—To Courts—Return—Conclusiveness. In an application to the supreme court for a writ of prohibition to prevent the insertion of certain matters in the statement of facts, the • judge’s statement as to what occurred at the time of taking exceptions is controlling, where the witnesses are equally divided and reputable.</p> <p>Same—To Courts—Remedy at Law. Prohibition does not lie to prevent the insertion in a statement of facts of a recital that an apparently regular entry on the record was inadvertently made, since its effect can best be considered upon the hearing on the merits and there is no occasion to resort to prohibition.</p> <p>Courts—Records—Method oe Correction. It is irregular to correct findings for supposed inadvertence by indorsing matter on the findings and conclusions after they had been signed and become a part of the files in the possession of the clerk, without notice to the opposite party; but the same should be done by formal order upon notice.</p>