Metropolitan Club v. Massachusetts Bonding & Insurance

A motion by respondent to strike the statement of facts herein because not served on respondent’s co-defendant, Brazer, or his attorney, and no notice of filing of the statement of facts served on Brazer or his attorney, is denied as not well founded. While the statute, § 389, Rem. Comp. Stat. [P. C. §7817], provides for the service of the statement of facts by appellant and of written notice of the filing thereof, on any party who is a party to the cause, other than the adverse party to the appeal, such service is not jurisdictional. Mogelberg v. Calhoun, 94 Wash. 662, 163 Pac. 29; In re…