14 Wash. 222 | Wash. | 1896
The opinion of the court was delivered by
It appears from the record herein that some time in April, 1888, in an action pending before a justice of the peace in Cowlitz county, judgment was rendered in favor of one W. D. Close and against School District No. 3 of said county and its directors. Thereafter a transcript of said judgment was filed in the district court for said county, and on February 10, 1893, pursuant to proceedings regularly instituted for that purpose by the plaintiff therein, an order was made by the superior court reviving such judgment. Subsequently thereto the judgment was assigned to the relators, Van Name and Fisk, who caused a certified transcript thereof to be presented to the appel
A statement of facts was prepared and settled at the instance of the appellants herein, which, upon examination, we think is wholly insufficient to enable this court to enter upon a consideration of the evidence. The statement contains a reference to certain exhibits offered and received in evidence upon the trial, and continuing, says that—
“ Said exhibits thus introduced are marked, and included in this record, as ‘ Defendant’s Exhibits ‘A’ c B ’ ‘O’ ‘D.’”
Such exhibits are neither attached to the statement
“A stipulation was then entered into by and between counsel for the respective parties, in open court/that the evidence and exhibits in a cause now pending in. this court wherein School District No. 3, Cowlitz county, Washington, is plaintiff, and J. F. Van Name and T. P. Fisk are defendants, said cause being cause No. 940'of this court, shall be considered as introduced in evidence and considered by the court, on the part of the plaintiff herein, etc.”
And while it appears that such “evidence” was used and relied upon in the lower court, it has not been preserved in any statement nor brought to this court. For these reasons we are constrained to disregard the so-called ■ statement of facts in the determination of the present case.
The order complained of recites the various steps by which jurisdiction was acquired and retained, and appears upon its face to have been regularly made. It is not apparent that any reversible error has been committed, and the order appealed from will be affirmed.