Bedgisoff v. Morgan

(dissenting) — The Departmental opinion, to which this court on rehearing En Banc now adheres, will be found in 23 Wn. (2d) 737, 162 P. (2d) 238. I dissent from that opinion, on three separate grounds: \

I. The appellants having failed to assign any error on the findings of fact made by the trial court, the statement of facts should be stricken, upon the challenge timely interposed by the respondents, and the findings of the court should be accepted as the established facts in the case, supporting and governing the decree dismissing appellant’s complaint.

The Departmental opinion summarily…