Opinion
No. 21940. Department Two.
July 29, 1929.
APPEAL AND ERROR (287) — STATEMENT OF FACTS — TIME OF FILING. A statement of facts not served or filed until 91 days after the entry of the judgment will be struck out on motion.
SAME (282) — STATEMENT OF FACTS — NECESSITY. Upon striking out a statement of facts, presenting the only questions for review, the judgment will be affirmed.
Appeal from a judgment of the superior court for Thurston county, Wilson, J., entered October 29, 1928, in favor of the plaintiff, in an action to foreclose a mechanic's lien, tried to the court. Affirmed.
A.W. Tyler, for appellant.
R.H. Fry, for respondent.
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.
[1] The judgment appealed from was entered October 29, 1928. On January 28, ninety-one 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.
[2] 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.