Nissen v. Chas. H. Lilly Co.

Citations

• 117 Wash. 470
• 201 P. 743
• 1921 Wash. LEXIS 864

Syllabus

<p>Appeal (288) — Record—Statement of Pacts' — Extension of Time. Where a statement of facts is not served and filed with the clerk of the proper court within the ninety-day period fixed by statute, no excuse will suffice to extend the time for such filing and service beyond the statutory period.</p> <p>Same (287) — Time fob. Piling — Objections to Failure to File— Estoppel. The duty of preparing, serving and filing a proposed statement of facts resting solely on appellant without any duty incumbent on respondent, the latter would not be estopped to object at a later period that the statement was not filed in time, by reason of the fact that he had accepted service by appellant and had appeared without objection and proposed amendments to the statement at the time of its settlement before the court.</p>