10 Wash. 164 | Wash. | 1894
The opinion of the court was delivered by
The respondent moves to strike the statement of facts in this case because it was not served within
“A proposed bill of exceptions or statement of facts must be filed and served either before or within thirty days after the time begins to run within which an appeal may be taken from the final judgment in the cause, * * * Provided, that the time herein prescribed may be enlarged either before or after its expiration, once or more, but not for more than sixty days additional in all, by stipulation of the parties, or for good cause shown and on such terms as may be just, by an order of the court or judge wherein or before whom the cause is pending or was tried, made on notice to the adverse party.”
It will be seen in this case that the conditions prescribed by the statute were not complied with, and that the time was extended beyond the ninety days, or rather beyond the sixty days additional provided for.
It is claimed by the appellant that inasmuch as the respondent did not raise this point below, he is precluded from raising it here ; citing several cases from this court to sustain his contention. The cases cited, however, do not go to questions of jurisdiction, and this court has so often held that it will take notice of a jurisdictional question at any time that it is hardly worth while to discuss that question again here.
It is true that § 13, above cited, provides that no irregularity or failure to pursue the steps prescribed by this act on the part of any party or judge, shall affect the jurisdiction of the judge to settle or certify a proper bill of exceptions or statement of facts ; but this provision, construed in connection with the whole section, which'distinctly states that the time for settling the statement of facts, shall not be extended
As this case depends entirely upon the statement of facts, the result of sustaining the motion to strike the statement will be to affirm the judgment.
Scott, Anders and Hoyt, JJ., concur.
Stiles, J., dissents.