Barkley v. Barton

The opinion of the court was delivered by

Hoyt, C. J.

Respondents have filed a motion to strike the statement of facts for the reason that a copy thereof was not served upon them as required by law. It appears from the record that the statement was first served on the 13th day of May, 1895, and that it was not filed until May 14, 1895, and under the authority of Erickson v. Erickson, 11 Wash. 76 (39 Pac. 241), and Boyle v. Great Northern Ry. Co., 13 Wash. 383 (43 Pac. 344), it must be held that such service was ineffectual. In January, 1896, further service of the statement was attempted to be…