Legal Opinion · Dissent

Hamilton v. Kiona-Benton Irrigation District

Washington Supreme Court

Decided March 18, 1954No. 32324Published

1DissentGrady, C. J.

(dissenting) — I am not in accord with that part of the majority opinion which in effect decides that this court is without power to consider a statement of facts on appeal when it is not filed in the office of the clerk of the superior court within the time prescribed by rule of court, and that in such circumstances such statement of facts must be stricken from our records. The rule that power is lacking is based upon the idea that the timely filing of a statement of facts is one of the jurisdictional steps necessary to be taken to perfect an appeal to this court.

When this court was governed…

2Cases cited6 opinions

  1. United States v. BreitlingSupreme Court of the United States · 1858
  2. State v. BrownWashington Supreme Court · 1947
  3. Evans v. . BackerNew York Court of Appeals · 1886
  4. Potlatch Lumber Co. v. Ferry CountyWashington Supreme Court · 1932
  5. State Ex Rel. Bird v. Superior CourtWashington Supreme Court · 1948

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