State ex rel. Sefrit v. Superior Court

Citations

• 74 Wash. 601
• 134 P. 183
• 1913 Wash. LEXIS 2099

Syllabus

<p>Certiorari — Ween Lies — Adequacy of Remedy by Appeal. The remedy by appeal from an order refusing to extend the time within which to file a statement of facts in a case pending on appeal, is inadequate and hence certiorari lies; since the appeal could not be heard until after the time for filing a statement of facts had expired under Rem. & Bal. Code, § 393, fixing the utmost limit at ninety days after the date of final judgment.</p> <p>Appeal — Record — Statement of Facts — Extension of Time— Abuse of Discretion. It is an abuse of discretion to refuse to extend the time for filing a statement of facts, where it appears that the only stenographer who took notes on the trial was continuously busy from the time of final judgment until after, and it was impossible for him to get out the statement within, the thirty days allowed by statute, and so notified appellant, and that the extension would not delay the hearing of the case on appeal; and the appellant was not guilty of laches in not ordering a statement and making application for an extension before the expiration of thirty days, where he had been notified that it would be impossible for the stenographer to start work on the statement within that time (Morris and Chadwick, JJ., dissenting).</p>