Boyle v. Great Northern Railway Co.

The opinion of. the court was delivered by

Hoyt, C. J.

The motion of respondent to strike the statement of facts from the record was granted at the hearing, and the argument upon the merits confined to questions arising upon the pleadings. Two reasons were assigned why said motion should be granted, (1) that a copy of the proposed statement of facts had not been served upon the respondent after it was filed in the cause; and (2) that no notice of such filing had been served upon one of the parties who had appeared in the action.

It appeared from the transcript that a copy of the proposed…