TaiLexi AI U.S. Case Law

Williams v. City of Spokane

George W. Williams v. The City of Spokane

Williams v. City of Spokane, 121 P. 836 (Wash. 1912)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Washington Supreme Court · State Highest Courts
Decided
March 9, 1912
Docket
No. 9936
Citations
121 P. 83667 Wash. 3681912 Wash. LEXIS 1183
Disposition
Affirmed.
Syllabus
Appeal — Record—Statement of Pacts — Time fob Piling. A statement of facts which was not filed until more than four months after entry of the judgment, is too late, and will be struck out on motion.
Summary
Appeal from a judgment of the superior court for Spokane county, Sullivan, J., entered February 28, 1910, upon sustaining a challenge to the sufficiency of plaintiff’s evidence, dismissing an action for damages for personal injuries.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

This is an action to recover damages for personal injuries. At the close of the plaintiff’s evidence, the defendants severally challenged its legal sufficiency, and a judgment was entered in favor of the several defendants for their respective costs. The plaintiff has appealed.

The judgment was entered on February 28, 1910. On March 15 following, the appellant and the .respondents, through their respective counsel, stipulated as to the facts “testified to by plaintiff’s .witnesses.” The statement was certified on April 19, by the judge before whom the case was tried, it was filed on July 2 following, and has not been served on any of the respondents. The respondents have moved to strike the statement, on the ground that it was not filed or served within the time prescribed by law.

The motion is well taken. A reference to the dates will disclose that the statement was not filed within thirty days after the entry of the judgment, and that more than four *369 months elapsed before it was filed. The statement will be stricken. Rem. & Bal. Code, §§ 389, 393; State v. Aschenbrenner, 45 Wash. 125 , 87 Pac. 1118 ; McDonald v. Van Houten, 59 Wash. 593 , 110 Pac. 428 .

This leaves no question for our determination, and the judgment is therefore affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1913: 119132026peak 1913 · 1

Relies on it most ⓘ

  1. Michaelson v. Overmeyer137 P. 332 (Wash. 1913)

Most recent

  1. Michaelson v. Overmeyer137 P. 332 (Wash. 1913)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State v. Aschenbrenner, 87 P. 1118 (Wash. 1906) 4
McDonald v. Van Houten, 110 P. 428 (Wash. 1910) 3

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list