State ex rel. Krutz v. Washington Irrigation Co.

Citations

• 39 Wash. 11
• 80 P. 803
• 1905 Wash. LEXIS 801

Syllabus

<p>Appeal—Dismissal—Return of Record for Correction—Mistake in Date of Service of Notice. On motion to dismiss an appeal because it appears that the bond on appeal was not filed within five days after the apparent date of service of the notice, the appellant is entitled to have the record returned to the lower court for the purpose of correcting a mistake in the record as to the date of service, where the record was sent up prior to the motion and without any opportunity to the appellant to correct it below.</p>