Gilmore v. Red Top Cab Co. of Washington

• Court: Washington Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Gilmore v. Red Top Cab Co. of Washington, 171 Wash. 346, 17 P.2d 886 (Wash. 1933)
• Decision Date: 12 January 1933
• Docket Number: 23238.
• Parties: GILMORE v. RED TOP CAB CO. OF WASHINGTON et al.

17 P.2d 886

171 Wash. 346

GILMORE v. RED TOP CAB CO. OF WASHINGTON et al.

No. 23238.

Supreme Court of Washington

January 12, 1933

Department 1.

Appeal from Superior Court, King County; J. T. Ronald, Judge.

Action by William A. Gilmore against the Red Top Cab Company of Washington, and others. From a judgment of dismissal plaintiff appeals.

Affirmed.

Winter S. Martin, Harry S. Redpath, and Leo W. Stewart, all of Seattle, for appellant.

Lyons &amp Orton and Bausman, Oldham, Cohen & Jarvis, of Seattle, for respondents.

PER CURIAM.

Plaintiff a minority stockholder of the Red Top Cab Company of Washington, a domestic corporation, brought this action for the appointment of a receiver of that company, and for an accounting by the defendants of the assets alleged to have been wrongfully taken by the defendants from the Red Top Cab Company. The court appointed a receiver for the Red Top Cab Company and, at the conclusion of the plaintiff's case, granted the motions of the defendants for a nonsuit. Plaintiff's motion for a new trial was denied, and judgment of dismissal entered. The plaintiff has appealed.

The errors assigned are the granting of the motions for a nonsuit, denying the motion for a new trial, and entering judgment of dismissal.

So far as material, the trial judge's certificate to the statement of facts reads as follows:

'That the matters and proceedings embodied in the foregoing statement of facts are matters and proceedings occurring in said cause and the same are hereby made a part of the record herein.

'I do further certify that the same contains substantially all material facts, matters and proceedings heretofore occurring in said cause and not already a part of the record therein.

'I do further certify that the foregoing statement of facts contains substantially all of the material evidence and material testimony introduced upon the trial of said cause. * * *'

The statute (Rem. Comp. Stat. § 391) requires the trial judge to certify that the matters and proceedings embodied in the statement of facts are matters and proceedings occurring in the cause. '* * * And that the same are thereby made a part of the record therein; and, when such is the fact, he shall further certify that the same contains all the material facts, matters and proceedings heretofore occurring in the cause and not already a part of the record therein. * * *'

The statement of facts must be...