State ex rel. Roberts v. Clifford

Citations

• 55 Wash. 440
• 104 P. 631
• 1909 Wash. LEXIS 778

Syllabus

<p>Appeal — Statement of Facts — Mandate to Compel Certification. The supreme court can by mandate require the trial judge to settle and certify the statement of facts when the time arrives for the performance of such statutory duty.</p> <p>Same — Statement of Facts — Contents—Settlement—Determining Facts. The trial judge cannot require that the entire transcript of tbe reporter’s minutes be embodied in a statement of facts to which, no amendments are proposed, because of his inability to decide upon its accuracy without a complete transcript of the reporter’s minutes, since it. is a duty devolving upon him to examine the statement and determine from his own judgment whether it contains “all the material facts, matters, and proceedings” theretofore occurring in the cause and not a part of the record, and if it does not, to require their insertion.</p>