Gunderson v. Cochrane

The opinion of the court was delivered by

Scott, J.

The respondent moves to strike the statement of facts because the judge before whom the cause was tried settled the statement after he had gone out of office, and, under the authority of Faulconer v. Warner, 2 Wash. 525 (27 Pac. Rep. 274), the motion must be granted. But appellant contends that he has lost his right of appeal in this case without any fault of his, and that under such circumstances this court should grant him a new trial. He cites us..to a number of cases where courts of last resort in other states have upon such grounds…