Howard v. Ross
Washington Supreme Court
Appeal from Superior Court, King County. Action by D. A. Ross against D. K. Howard, to have a certain deed declared to be a mortgage, and for an accounting. The case was tried before a referee, but after the testimony was taken and before it was reported to the court, the entire testimony and all the pleadings in the case were destroyed by fire.
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Appeal from Superior Court, King County. Action by D. A. Ross against D. K. Howard, to have a certain deed declared to be a mortgage, and for an accounting. The case was tried before a referee, but after the testimony was taken and before it was reported to the court, the entire testimony and all the pleadings in the case were destroyed by fire. Copies of both testimony and pleadings were supplied by stipulation of the parties, and on such substituted copies of testimony and pleadings the case was heard before Lichtenberg, judge, who rendered judgment for plaintiff. From such judgment…
1Opinion of the Court
The opinion of the court was delivered by
Dunbar, J.
The respondent moves to dismiss this appeal for the reason: (1) That appellant has not settled the statement of facts, or any statement of facts, in this cause; (2) that appellant has not caused to be settled the bill of exceptions, or any bill of exceptions whatever, in this cause; and for other reasons which it is not necessary to review.
This is an equity case, and comes here without any statement of facts certified to by anyone. The only authentication to any part of the record is the following certificate of the clerk:
“I, W. B. Spencer,…
2Cited by2 opinions
- Sweet v. MyersSouth Dakota Supreme Court · 1892
- Lamb-Davis Lumber Co. v. StowellWashington Supreme Court · 1919