55 Wash. 389 | Wash. | 1909
Action by Neta Cornthwaite and others against Barrington Transportation Company, a corporation, and others, to recover the sum of $4,000. On trial without a jury, findings were made in favor of the plaintiffs, and a judgment was entered thereon for $3,000. The defendant, Barrington Transportation Company, has appealed.
Respondents have moved this court to strike the appellant’s exceptions to the findings of fact and conclusions of law, for the reason that they were not made and filed within the time required by Bal. Code, § 5052 (P. C. § 669). It appears from the record that the findings, conclusions of law, and judgment were signed by the trial judge on December 7, 1908; that they were filed on December 8, 1908, and that the exceptions thereto were filed on February 18, 1909.
When appellant filed its exceptions it also filed an affidavit of one of its attorneys, in which it is alleged that no copy of the findings of fact, conclusions of law, or judgment, or any written notice of their filing, was served upon appellant or its attorneys. Upon this showing, the appellant now contends that the exceptions were made and filed in time. The record further shows that, on December 14, 1908, the- appellant served its motion to set aside and vacate the findings and judgment, which motion was heard and denied on January 16, 1909. The making of this motion establishes the fact that the appellant had actual knowledge of the filing of the findings of fact, conclusions of law, and judgment as early as December 14, 1908. This being true, its exceptions were not filed within the statutory time and must be stricken. Rice v. Stevens, 9 Wash. 298, 37 Pac. 440; Fisher v. Kirschberg, 17 Wash. 290, 49 Pac. 488.
The exceptions being stricken, the only question remaining for our consideration is whether the final judgment is sustained by the findings made and entered. The trial court found that the appellant, Barrington Transportation Company, a corporation, had an option to purchase certain
Rudkin, C. J., Mount, Dunbar, and Parker, JJ., concur.