In re the Estate of Holburte

Citations

• 38 Wash. 199
• 80 P. 294
• 1905 Wash. LEXIS 1146

Syllabus

<p>Appeal and Ebboe—Statement op Pacts—Amendments—Cebtieicate—Correcting. Although no amendments are proposed to a statement of facts and the same is certified to contain all the material facts, the trial judge may, on motion of the respondent at any time before the hearing, change the certificate to show that the statement does not contain all the material facts, under Bal. Code, § 5060 (Rudkin, J., dissenting).</p> <p>Same—Statement to Contain all Material Pacts. Where the trial judge corrected his certificate to the statement of facts by striking out the recitation that the statement contained all the material facts, the statement cannot be considered, as it is evident that the statement does not contain all the material facts, and the judgment must he affirmed if it is sustained by the findings.</p> <p>Appeal and Ebboe—Decision—Affirmance on Cobbected Certificate—Costs. Upon an order of affirmance based upon a correction of the certificate to the statement of facts, no costs will be allowed the respondent where no amendments were proposed to the statement of facts and he waited several months before moving for a correction of the certificate.</p>