Opinion
No. 24353. Department Two.
February 27, 1933.
APPEAL AND ERROR (287) — RECORD — STATEMENT OF FACTS — TIME FOR FILING. A statement of facts not filed within 90 days after entry of the judgment will be struck out on motion, and errors based upon rulings on rejecting offers of proof cannot be considered.
Appeal from a judgment of the superior court for Pierce county, Remann, J., entered June 25, 1932, in favor of the plaintiff, in an action for money due, tried to the court. Affirmed.
Kelly MacMahon, for appellant.
Reuben C. Carlson and Clarence Layton, for respondent.
Respondent in his brief presents a motion to strike the statement of facts because not filed within the statutory time, which motion was argued when the case was called for hearing on the merits.
The judgment appealed from was entered on the verdict of a jury on June 25, 1932. Notice of appeal was given within thirty days, but the statement of facts was not filed until September 28, 1932, more than ninety days after the entry of the judgment.
[1] The motion is well taken, and under our long continued practice must be and it is granted. Perkins v. Perkins, 158 Wn. 351, 290 P. 855; Moss v. Moss, 163 Wn. 444, 1 P.2d 916; Brainard v. Miser, 165 Wn. 244, 4 P.2d 1097.
The errors assigned are based upon the rulings of the trial court in rejecting certain offers of proof and in dismissing the appellant's cross-complaint. In the absence of any statement of facts, these matters cannot be inquired into, and the judgment appealed from must be and it is affirmed.
BEALS, C.J., MAIN, STEINERT, and BLAKE, JJ., concur.