Livermore v. Northwest Airlines, Inc.

(concurring specially) — It is prerequisite to the validity of a statement of facts (it is a condition precedent to review by this court of any claim of error predicated thereon), whether same is an implied or “agreed” statement under the statute. (Rem. Rev. Stat., § 389 [P. C. § 7817]), or is one to which the parties agreed in writing or by stipulation in open court, that the trial judge certify (Rem. Rev. Stat., § 391 [P. C. § 7819]) that the matters and proceedings embodied in the statement are matters and proceedings occurring in the cause and that the same are to be made a part of the…