Prospectors' Development Co. v. Brook

Citations

• 31 Wash. 187
• 71 P. 774
• 1903 Wash. LEXIS 603

Syllabus

<p>APPEAL-STATEMENT OF FACTS-PLACE OF CERTIFICATION.</p> <p>Under Laws 1901, p. 76, § 1, which provides that a superior judge shall not be authorized to hear any matter outside of the county wherein the cause is pending, except by consent of the parties, it was error for the court to adjourn the settlement of a statement of facts to a county other than the one of trial, when the respondent had not consented thereto.</p> <p>SAME-VOID CERTIFICATION-NEW NOTICE.</p> <p>Under Bal. Code, § 5058, which provides that if the judge is absent at the time named in a notice or fixed by adjournment for the settlement and certification of a statement of facts, a new notice may be served, the failure of the judge to legally certify a statement duly filed in his court, because of the adjournment of the proceedings to a place outside of the county of trial, would not preclude the subsequent settlement and certification of the statement under a new notice.</p>