State ex rel. Snook v. Jurey

Citations

• 101 Wash. 1
• 171 P. 1014

Syllabus

<p>Appeal—Record—Statement op Pacts—Certification—All the Material Pacts. A judge cannot be compelled to certify a statement of facts as containing all the material facts, when such is not the case, although no amendments were proposed, under Rem. Code, § 389, providing that if no amendments are proposed the statement shall be deemed agreed to; in view of Id., § 391, requiring the judge to certify that a statement contains all the material facts “when such is the fact.”</p> <p>Same — Statement of Pacts — Sufficiency — Right to Amend. The trial judge is not justified in striking out, in effect, a proposed statement of facts by refusing to certify it without allowing an opportunity for amendment, where it was not made in bad faith and included considerable detail covering 70 typewritten pages, although it did not contain all the evidence material to the issue involved in the appeal.</p>