Kennedy Drug Co. v. F.W. Keyes Drug Co.

• Court: Washington Supreme Court
• Writing for the Court: [58 Wash. 500] PER CURIAM.
• Citation: Kennedy Drug Co. v. F.W. Keyes Drug Co., 109 P. 56, 58 Wash. 499 (Wash. 1910)
• Decision Date: 28 May 1910
• Parties: KENNEDY DRUG CO. v. F. W. KEYES DRUG CO. et al.

109 P. 56

58 Wash. 499

KENNEDY DRUG CO. v. F. W. KEYES DRUG CO. et al.

Supreme Court of Washington

May 28, 1910

Department 2. Appeal from Superior Court, King County; John F. Main Judge.

Action by the Kennedy Drug Company against F. W. Keyes Drug Company a corporation, and another. Judgment for plaintiff, and defendants appeal. Heard upon defendants' application for a writ of mandate, for a writ of certiorari, and upon a motion to advance the hearing of the appeal before the Supreme Court. Applications denied.

McCafferty Robinson & Godfrey, for appellants.

PER CURIAM.

This is an application for a writ of mandate to require one of the judges of the superior court of King county to certify to certain affidavits and exhibits used on the hearing of an application for the appointment of a receiver in a certain action pending before him, in which an appeal has been prosecuted to this court. The judge to whom the application to certify was made denied the application on the ground and for the reason that no statement of facts or bill of exceptions had been filed or served in the cause. The application for the writ of mandate must be denied. Affidavits read on the hearing of an application for the appointment of a receiver form no part of the record ( Clay v. Selah Irrigation Company, 14 Wash. 543, 45 P. 141), and under our practice matters and proceedings not already a part of the record can only be made so by bill of exceptions or statements of facts (Rem. & Bal. Code, § 388). The only reference in our statute of depositions and other written evidence is found in section 390, Rem. & Bal. Code and...