4 Wash. 465 | Wash. | 1892
The opinion of the court was delivered by
The certificate to the statement of facts filed in this cause was that it contained all the testimony upon which the cause was tried, together with all objections and exceptions taken to the reception or rejection of testimony. On the ground of its insufficiency, respondents move the court to strike the statement from the record and dismiss the appeal. The statute relating to'the settlement of the statement of facts says that the certificate shall be sufficient if it certify that the statement contains all the material facts in the case. It further says that in a law case it shall only be necessary that the statement shall contain so much as was formerly requisite in a bill of exceptions, but that in an equity case it must contain all the testimony, together with all objections and exceptions taken to the reception or rejection of testimony. It will be seen from the statutory requisites above stated that in any case it must appear from the certificate of the judge that all the material facts in the case are embodied in the statement. We cannot agree with the argument of counsel for appellant that that part of the statute requiring such showing as to all the material facts applies only to a law case, and that the only provision applicable to an equity case is that which requires that it shall contain all the testimony, etc. In our opinion the first part of the section under consideration refers as much to an equity as to a law case, and that before
The motion to strike the statement of facts must prevail, and, under frequent rulings of this court, as a necessary result thereof the appeal must be dismissed. In coming to the conclusion that we have in this case, we have only carried into effect the logical result of numerous rulings heretofore made by this court in causes of this kind.
Anders, O. J., and Dunbar, Stiles and Scott, JJ., concur.