Northern Pacific & Puget Sound Shore Railroad v. Coleman

The opinion of the court was delivered by

Scott, J.

The respondents move to dismiss the appeal in this case, because the judge who tried the cause settled the statement of facts after he had gone out of office. We have heretofore decided, in the case of Faulconer v. Warner, 2 Wash. 525 (27 Pac. Rep. 274), that an ex-judge has no authority to settle the statement of facts, and we granted a motion to strike the statement in that case, for that reason. Here the respondents have not asked to have the statement stricken, but to have the appeal dismissed. It, of itself, affords no ground for…