Nickeus v. Lewis County

Citations

• 23 Wash. 125
• 62 P. 763
• 1900 Wash. LEXIS 352

Syllabus

<p>APPEAL-AGREED STATEMENT OF FACTS-OMISSIONS FROM RECORD.</p> <p>The fact that a statement of facts does not include certain exhibits and depositions introduced in evidence, which omission is apparent on the face of the record, is not ground for striking the statement, when it appears from the judge’s certificate that the facts included are “such thereof as the parties have agreed to be all that are material.”</p> <p>COUNTIES-RECORDS-PAROL EVIDENCE OF PROCEEDINGS.</p> <p>Although Bal. Code, § 356, requires all the proceedings of a board of county commissioners to be recorded in a book kept for that purpose, yet proceedings which are not so recorded may be proved aUunde the record, in the absence of any statute making such record the only evidence of the board’s proceedings.</p> <p>SAME — DISALLOWANCE OF CLAIM — ACTION AGAINST COUNTY.</p> <p>The action of a board of county commissioners in asserting that they would not allow a bill which had been presented to them, and that they would not put anything on record allowing or rejecting the bill constitutes such a rejection thereof as would warrant the claimant in commencing an action to- enforce its collection, under the terms of Bal. Code, § 359, which provides for action against the county within three months after any claim may have been presented and disallowed in whole or in part by the board of county commissioners.</p>