Michaelson v. Overmeyer

Citations

• 77 Wash. 110
• 137 P. 332
• 1913 Wash. LEXIS 1901

Syllabus

<p>Appeal — Notice—Statement of Pacts — Time for Piling. The time for taking an appeal or filing a statement of facts runs from the denial of appellant’s motion for a new trial, when made after judgment.</p> <p>Same — Statement of Pacts — Extension of Time — Notice. Under Rem. & Bal. Code, § 393, authorizing an order extending the time for filing a statement of facts, upon notice to the adverse party, an ex parte order extending the time is void; and it is immaterial that the extension was obtained by the official stenographer.</p> <p>Same — Statement of Pacts — Necessity. The necessity of a statement of facts is not obviated by 3 Rem. & Bal. Code, § 1730-2, relating to abstracts on appeal.</p> <p>Same — Statement of Pacts — Extension'—Objections. It is not necessary to attack in the superior court a void order extending the time for filing a statement of facts entered without notice.</p>