Phillips v. Port Townsend Lodge, No. 6

The opinion of the court was delivered by

Anders, J.

— The respondent moves this court to strike the statement of facts herein from the record, and to dismiss the appeal — (1) Because the notice to settle said statement was prematurely given; and (2) because all of the evidence upon which the casé was tried in the court below, together with the objections and exceptions taken to the reception or rejection of testimony, is not in the record.

It seems, from the date of filing, that the notice to settle the statement was given prior to the rendition of judgment, but designated a day subsequent to…