Legal Opinion · Dissent

Faulconer v. Warner

Washington Supreme Court

Decided July 7, 1891No. 212Published

Appeal from Superior Court, Bpohane Cou/nty. Motion by appellees to strike statement of facts from the record, and to affirm the judgment, because said statement is not certified as a statement of facts by any officer authorized to certify the same.

1DissentAnders, C. J.

(dissenting). — I respectfully dissent from the conclusion reached by the majority of the court. The duty of settling a statement of facts, which is to be made a *528part of the record on appeal to the supreme court, is strictly statutory; and the law governing this case provides, among other things, that the party appealing may give notice to the opposite party or his attorney that, upon a day to be named in said notice, he will apply to the court or judge who tried the cause or made the decision, order or judgment complained of, at a place to be named in said notice, to settle and certify said…

2Cases cited5 opinions

  1. Johnson v. HigginsSupreme Court of Connecticut · 1885
  2. State ex rel. Cressman v. BarnesNebraska Supreme Court · 1884
  3. Fellows v. TaitWisconsin Supreme Court · 1861
  4. Hale v. HaseltonWisconsin Supreme Court · 1867
  5. Davis v. President of MenashaWisconsin Supreme Court · 1865

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