Lamona v. Cowley

Citations

• 31 Wash. 297
• 71 P. 1040
• 1903 Wash. LEXIS 624

Syllabus

<p>APPEAL — STATEMENT OE FACTS — TIME OE FILING.</p> <p>Where appeal is taken from a final judgment and also from an order denying a motion to vacate the same judgment, that portion of the statement of facts relating to the original judgment will be stricken from the record on appeal, when it was not filed within thirty days after the entry of such judgment, even if it was within thirty days from the entry of the order denying the motion to vacate.</p> <p>WILL CONTEST — CONSTRUCTION OE COMPROMISE AGREEMENT.</p> <p>Where a compromise of a will contest was entered into, whereby it was agreed that a certain daughter should have all the real estate standing in the name of deceased at the time of his death, “which said real estate is more particularly described in a quit-claim deed executed in conformity with this stipulation and agreement,” such daughter is entitled to after discovered real estate in other counties, the record title to which was in the deceased at the time of his death, but which had not been described in the quit claim to her because unknown to both parties.</p> <p>JUDGMENT — VACATION-GROUNDS—FINDINGS SIGNED IN ABSENCE OF ONE PARTY.</p> <p>A motion to vacate a final judgment on the ground that the findings and conclusions were signed by the court in the absence of appellant’s counsel was properly denied, where the findings and conclusions were served on appellant’s attorneys before being presented to the court, and appellant was permitted to make exceptions to them, and was'herself given an opportunity to submit findings and conclusions, which were denied.</p>