State ex rel. Richardson v. Superior Court

Citations

• 41 Wash. 439
• 1906 Wash. LEXIS 984

Syllabus

<p>Mandamus — Parties—Prosecution in Name oe State. An application for a writ of mandate in the interest of a private party is properly made in the name of the state.</p> <p>Appeal — Record—Statement oe Facts — Contents—Failure oe Commissioners to Return Evidence — Subsequent Filing and Consideration — When Not Part oe Record. Where the testimony taken before commissioners is not returned with their report, but is after-wards transcribed and filed in the cause by one of the parties, and thereafter considered by the parties and the court in considering the report, it is not a part of the record within the purview of Bal. Code, § 5064, so providing as to testimony returned into court by the commissioners with their report; hence it must be made a part of the statement of facts in order to be considered on appeal.</p> <p>Same — Mandamus—Compelling Certification oe Statement of Facts — When Lies. Evidence taken before commissioners not returned by them, but subsequently transcribed and considered by the court, without objection, is proper for the consideration of the supreme court on appeal, and the lower court will be compelled by mandate to embody the same in the statement of facts, where he has refused so to do; and the fact that he had already certified to a statement not embodying the same is no defense to the application.</p>