Wheeler v. S. Birch & Sons Construction Co.

The actions above listed were consolidated and came on for trial before a court and jury in the superior court of King county. After a long trial, in which the testimony on behalf of all parties was heard, the consolidated action was dismissed upon a challenge by all of the defendants to the sufficiency of the evidence to warrant a recovery. Motions for a new trial were duly made and were denied by an order entered on February 9, 1946.

The time for filing the statement of facts in this appeal, therefore, expired on May 11th. On May 14th, the appellants’ counsel procured, by mail, an order…