Docket No. 634
Decided: Wednesday, March 5th, 1890
Opinion: 1 Wash. 189 (1890)
Court: Anders1 Court (1889-1892)
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Undetermined votes indicate that the opinion(s) have not been evaluated yet.
TAYLOR v. OSBORN, 1 Wash. 189; 23 P. 858 (1890).
SUPREME COURT OF WASHINGTON
March 5, 1890, Decided Appeal from District Court, Walla Walla County.
Court: Judgment affirmed.
Counsel: A. E. Isham, for appellant. D. J. Crowley, for appellees.
Judge(s) SCOTT, J. DUNBAR, STILES and HOYT, JJ., concur. ANDERS, C.J., not sitting.
Opinion By: SCOTT The opinion of the court was delivered by SCOTT, J.--This appeal was taken under the act of 1883, and it appears that the statement of facts was settled without the notice to appellees required by section three of said act. Appellees were notified December 3, 1888, that appellant would apply on December 5, 1888, to have the statement of facts settled. The statute requires a ten days' notice. The statement was settled ex parte, no one having appeared for appellees. Objection is made in their brief to the consideration of the matters contained in the statement, for want of such notice, which objection we sustain.
There being nothing in the record upon which error can be based, the judgment of the court below is affirmed.
DUNBAR, STILES and HOYT, JJ., concur.
ANDERS, C.J., not sitting.