Graham v. Carroll

• Decision Date: 29 July 1929
• Docket Number: 21940.
• Citation: 279 P. 570,153 Wash. 222
• Parties: GRAHAM v. CARROLL et ux.
• Court: Washington Supreme Court

279 P. 570

153 Wash. 222

GRAHAM v. CARROLL et ux.

No. 21940.

Supreme Court of Washington

July 29, 1929

Department 2.

Appeal from Superior Court, Thurston County; J. M. Wilson, Judge.

Action by Levi Graham against O. S. Carroll and wife. Judgment for plaintiff, and defendants appeal. Affirmed

A. W. Tyler, of Olympia, for appellants.

R. H. Fry, of Olympia, for respondent.

MILLARD, J.

Plaintiff brought this action to foreclose a mechanic's lien. Defendants by cross-complaint sought recovery for damages to their property by the plaintiff. From a judgment entered in favor of the plaintiff, the defendants appealed.

The judgment appealed from was entered October 29, 1928. On January 28, 91 days subsequent to the entry of the judgment, the statement of facts was served and filed. For this reason, the motion of respondent that the statement of facts be stricken must be granted.

There being no statement of facts properly bringing the evidence here, and no question being presented which we can decide without the evidence, the judgment must be affirmed. It is so ordered.

HOLCOMB, FRENCH, MAIN, and PARKER, JJ., concur.