State v. Seaton

Citations

• 26 Wash. 305
• 66 P. 397
• 1901 Wash. LEXIS 645

Syllabus

<p>APPEAL-DISMISSAL —' TIME OE FILING STATEMENT OF FACTS-MANDATORY PROVISIONS.</p> <p>The time prescribed by Bal. Code, § 5062, within which a statement of facts on appeal must be filed is a mandatory provision, going to the substance of the appeal, and is not a matter in which amendment or extension of time is permitted under Laws 1899, p. 79, which provides that, upon a motion to dismiss an appeal, the supreme court “may grant the same in whole or in part, but when any such motion does not go to the substance of the appeal, or to the right of appeal, and the court shall be of the opinion that the moving party can be compensated in costs, or by the imposition of other terms for any delay of the appellant which is made the ground of any such motion (except a failure to take the appeal within the time limited hy law) the court, in its discretion, may deny the motion on such terms as may be just.”</p>