State ex rel. Hofstetter v. Sheeks
State ex rel. Hofstetter v. Sheeks
Opinion of the Court
— This is a second application for a writ of mandate. See former opinion, State ex rel. Hofstetter v. Sheeks, 63 Wash. 408, 115 Pac. 859. In speaking to the merits, after an answer had been filed to the first writ, we said:
“But the trial judge having certified to this court that the proposed statement is in some respects untrue, the writ will issue, with directions to the lower court to specify his objections so that .the relator may have formal opportunity to comply with his demands. ‘The court should, if in its judgment the statement omitted certain material evidence or proceedings, order the insertion thereof in the record, and continue so to order until it could properly make its certificate in the language of the statute.’ State ex rel. Roberts v. Clifford, supra.”
The relator states in his application, “that the said judge . ordered and directed that the whole of affiant’s, plaintiff’s,
The writ is denied.
Reference
- Full Case Name
- The State of Washington, on the Relation of C. Hofstetter v. Ben Sheeks, Judge etc.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Appeal — -Record—Statement of Facts — Proposing and Certifying. Where, in making up a proposed statement of facts, the trial judge ordered appellant’s statement of his evidence in narrative form stricken out and the full stenographer’s report thereof added, the appellant is not entitled to have the statement certified by adding the stenographer’s report without striking out the objectionable part as ordered.