Mauseth v. Slayden

Citations

• 104 Wash. 512
• 177 P. 319
• 1918 Wash. LEXIS 1209

Syllabus

<p>Appeal (317) — Record—Statement op Facts — Certificate as to All Material Facts. A statement, to which no amendments were proposed, must be certified to contain all the material facts, notwithstanding Rem. Code, § 389, providing that it is deemed agreed to; in view of §391, which requires a certificate as to all the material facts “or (as the case may be) such thereof as the parties have agreed to be all that are material,” and which applies whether the statement be settled by the court or agreed to expressly or impliedly by counsel.</p> <p>Same (263) — Record—Necessity of Statement. In the absence of a statement certified to contain all the material facts, the court cannot pass upon errors in instructions and must dismiss the appeal.</p>