O'Neile v. Ternes

Citations

• 32 Wash. 528
• 73 P. 692
• 1903 Wash. LEXIS 452

Syllabus

<p>APPEAL-NOTICE-DESCRIPTION OF JUDGMENT.</p> <p>When, there was hut one judgment in a cause, which was actually rendered and announced on the 20th of the month, but not filed until the 21st, a notice of appeal designating the judgment appealed from as one entered on the 20th sufficiently complied with the requirements of Bal. Code, § 6503, as to the necessity of designating “with reasonable certainty from what judgment or orders the appeal is taken.”</p> <p>SAME-STATEMENT OF FACTS-SUFFICIENCY-CERTIFICATE.</p> <p>The fact that the certificate of the trial judge to a statement of facts bears no date, does not refer to any pages or exhibits or contain any order referring to copies of exhibits would not render it insufficient, when in form and substance it complies with the requirements of Bal. Code, § 5060, by certifying “that the matters and proceedings embodied in this statement are matters and proceedings occurring in this cause and that the same are hereby made a part of the record herein” and “that the same contains all the material facts, matters and proceedings heretofore occurring in this cause and not already a part of the record therein.”</p> <p>SAME-INCORPORATION OF DEPOSITIONS AND WRITTEN EVIDENCE.</p> <p>The failure to attach depositions and other written evidence to the statement of facts as provided by Bal. Code, § 5059, would not warrant the striking of such matters from the statement, where copies had been read and offered in evidence and were incorporated in the statement as a part thereof, under the certificate of the judge that they were matters occurring in the cause and were thereby made a part of the record therein.</p> <p>SAME —• TIME OF SETTLEMENT PRESUMPTIONS AS TO REGULARITY.</p> <p>A statement of facts filed after the thirty days allowed by statute, but within the sixty days additional permitted by Bal. Code, § 5062, will not be stricken from the files because no order of the court fixing the time for settling and certifying same is shown i