105 P.2d 44 | Wash. | 1940
The assignments of error are that the court erred in not giving appellants judgment at the close of plaintiffs' case, and that the decision is contrary to the law and against the evidence.
The decree was signed by the trial judge and filed in the office of the county clerk February 10, 1940. The statement of facts was filed in the clerk's office May 20, 1940, more than ninety days after the entry of the final *662
judgment. The statement of facts was not filed within the period of time allowed by Rule IX, Rules of the Supreme Court,
[1] The filing of a statement of facts within the time provided by the rule is jurisdictional. Nudd v. Seattle,
It is clearly apparent that the error urged by appellants cannot be considered without recourse to the evidence in the case. Inasmuch as we do not have the evidence before us, we affirm the judgment.
ALL CONCUR.