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Washington Territory, 1887

Zenkner v. Northern Pacific Railroad

Zenkner v. Northern Pacific Railroad
Washington Territory · Decided January 21, 1887 · Greene
3 Wash. Terr. 60; 14 P. 596; 1887 Wash. Terr. LEXIS 52

Counsel

Messrs. McNaught, Ferry, McNaught, & Mitchell, for the Defendants in Error, in favor of the motion., Mr. P. P. Carroll, for the Plaintiff in Error, contra.

Zenkner v. Northern Pacific Railroad

Opinion of the Court

Mr. Chief Justice Greene

delivered the opinion of the court.

*61The principles decisive of the case of Mulkey v. McGrew, 2 Wash. 259, 262, are decisive also of this motion to strike. A mass of paper writing purporting to be a statement of facts under the appeal act of 1883 is here, but it is not certified as required by that act, and there is nothing to assure us that it contains “all the material facts in the case.” It is a superfluity. Appearance would not waive the right to object to it.

The motion to strike it from the cause is granted.

Langford, J., and Turner, J., concurred.

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