Ellensburg Creamery & Produce Co. v. Toppenish Creamery Co.

Washington Supreme Court
Ellensburg Creamery & Produce Co. v. Toppenish Creamery Co., 104 Wash. 230 (Wash. 1918)
176 P. 1; 1918 Wash. LEXIS 1154
Chadwick, Holcomb, MacKintosh, Main, Mount

Ellensburg Creamery & Produce Co. v. Toppenish Creamery Co.

Opinion of the Court

Mackintosh, J.

The judgment appealed from was entered on the 6th day of October, 1917. No motion for a new trial was made, and on the 18th day of December, 1917, the statement of facts was filed, this' being seventy-two days after the entry of judgment, and no order of the court or stipulation of the parties appears to have been obtained granting an extension of the time of filing the statement of facts. For this reason, the motion of the respondent that the statement of facts be stricken must be granted. In the absence of the statement of facts, there is nothing before us for review, and the judgment of the lower court is affirmed.

Main, C. J., Holcomb, Chadwick, and Mount, JJ., concur.

Reference

Full Case Name
Ellensburg Creamery & Produce Company v. Toppenish Creamery Company, D. J. Davis, Garnishee and
Cited By
2 cases
Status
Published
Syllabus
Appeal, (287) — Statement of Facts — Time for Filing. A statement of facts, filed seventy-two days after entry of the judgment, without obtaining an extension of time, is not in time, and will be struck out.