Marsh v. Wade

• Decision Date: 30 January 1888
• Court: Washington Supreme Court
• Parties: MARSH v. WADE.

17 P. 886

3 Wash.Terr. 477

MARSH v. WADE.

Supreme Court of Territory of Washington

January 30, 1888

Appeal from district court, First district.

Motion to strike out the statement of facts. Act Wash. T. 1883, relative to the removal of causes to the supreme court, provides that the party removing a cause from the district to the supreme court may have the facts transmitted, with the transcript of the cause, by giving notice to the opposite party, and that the parties shall appear before the judge before whom the cause was tried, who shall certify the settled facts.

PER CURIAM.

Appellee moved to strike out the statement of facts herein, upon the ground that the same was settled and signed at Olympia, outside the district of the judge who tried the same, and of the district where the action was pending. The statement referred to is that provided for in section 3 in the act relating to the removal of cases to this court, passed in 1883. Such statement is not jurisdictional; and the parties having appeared before the judge at Olympia, and there being heard without the objection being made, such objection, even if valid, was waived, and cannot now be raised. We do not determine the question as to the validity of the objection if taken in time, as it is not before us. Motion denied.