The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-01-06

q
the matter. There Is no good reason why in
SUCH cases, on proper application made at a
later date, aud after the expiration of the time
nxed in the notice, the matter should not be re-
instated ana disposed OF upon a proser showing.
l. Again, il has frequently occurred that
pending the preparation and settlement of
statements OF facts superior judges nave ceased
TO hold their offices, and the CONSTRUCTION has
been IS such cases that they were no longer
qualified TO settle or certify statement of facts
This trouble will occur ct every change of
judges. We suggest that Code Procedure, sec
ton l,427, be amended by making suitable pro-
vision TOR the settlement OF a statement of facts
by the person who had tried the cause, and had
ceased TO be judge when The time for settling
the statement of facts arrived.
IL The greatest amount of harGship, how
ever. IN connection with these statements of
fact has grown out of the provisions of section
1,422 A statement Of facts is, theoretically,
narration OF the occurrences at the ,risl IN con-
nection with which errors are alleged. To be
OF any avail the statement must necessarily be
certified as a proper statement of iscts BIZ the
court or the judge who tried the cause. But it
often happens that there mag be in
whole trial but single error complained
Dian error the facts concerning which
might be presented In few concge lines OF
OF section LAB are now broad enough to cover
any such error, or any number of errors occur
ring IN criminal action, or in an action at law,
but the language of the first clause: that "the
certificate of the judge that said statement con-
tains all the material facts in the Gauge or pro-
eeeding shall be sufficient" has led seine of the
superior judges to interpret it to mean that in
every case, If the certificate named is TO be SUI
fcient, then, to authorize them to eertify at all,
all the material facts neeessary--that is, not
aIl the facts necessary to the appeal, hut all the
facts n the cause. The result has been that the
judges have been compelled to resort to great
labor in inspecting the proposed statements, or
to require an exact reproduction % the case
from the stenogrepher's notes, Gtigants are I'M
necessarily burdened in presenting facts on
appeal, aud the expense of appealing has been
largely in excess of what it should De.
IA The remainder of section l,i23 ia as fol-
lows:
In causes of equitable cognizanee. where the
appeal Is from the final judgment, the said
statement of facts shall contain all ehe test-
mony Oh which the cause was tried below, to-
getner with any Objections or exceptions taken
20 the reception or rejection Of testimony.
The foregoing provision was Undoubtedly
made in view OF the practice in this s. tie to try
equity cases de moro in the supreme court
Alter having followed this practice for three
years. We are satisfied that nothing is gained by
it. In other states having code system, equity
causes are tried in the same way as actions at
law. and the court makes and files its findings
OF fact and conclusions OF law, and enters its
Judgment thereon; after which APPEALS are
taken, heard and disposed OF in the sasue man.
ner, and with like effect, appeals in law
actions. But with Us no findings necessary,
and to avail him anything, an appellant must
bring up the entire record, inelud ne all the
testimony, in the shape of a statement Of facts;
and yet the error complained of may have no
hate no h,,t
may be based entirely upon the law.
l5 In connection with Code Procedure, Sec
lions 1928, We suggest that when person con-
vcted OF felony has been unable to give bail
pending the appeal, the time during watch he
remains in the Jail OF the county from which
the appeal is taken should be deducted from the
term for which he was heretofore sentenced to
the pententiary, il judgment against aim be
affirmed.
10. The constitution and Code Procedure, sec
ton Is. provide that the judges of the superior
courts shall from time to time establish uniform
rules for the government OF those courts There
Is no further provision looking to the establish
ment of such rules, and although certain OF the
superior judges OF the state have convened in
session for that purpose, nothing in the way of
general uniformity has resulted from ihese con.
ventions. The result is that in the different
counties of the state entirely various rales in
many matters prevail.
II. Section @. article w., provides for ahe ap-
pointment of court commissioners in each
county, but rs yet there has been no legis.at
defining the duties and powers OF these cheers
or fixing their compensation.
Is. Code Procedure. section 175. does not pro-
VIDE how long sum mons published in a news.
paper shall be so published. The number of
insertions ought to be expressly provided for.
19. Section 100, Code Procedure, reads 81 fol.
lows:
Tba don,rrar WAN .rao;fv tho -
lection in the statutory language OF section ls9,
or the grounds may be distinctly specified.
The effect OF this statute is that very loose
practice is fostered. and the delays incident to
litigation are greatly facilitated. Tho statute
opens the way for attorneys to file such damur-
rers solely for the purpose OF gaining time. In
some of the larger counties the filing OF such
demurrer is equivalent to postponing the cause
for weeks, and perhaps months.
20. Code Procedure, section 202, provides:
"The court shall establish the rules prescribing
the time in which pleadings subsequent 70 the
complaint shall be fled" This is a relic OF ter
rtoriai days which should be abolished and the
time for pleading fixed by statute. As It is,
scarcely any two or more counties in the state
have the same system.
81. There are numerous instances in which
service OF notice is required 70 be made anon
parties who have LETT the state or cannot be
found and there is no statutory method of
to an appeal thus situated. A carefully
dawn general statute might empower the
superior courts to authorize substituted service
in all such cases
%. We think there are some radical defects in
the law concerning new trials. Code Procedure,
title :, chapter 7. The grounds which may be
alleged for the granting of new trial are sgeci.
fed in section 100 The mischief begins l., ap-
pear in section 40i. where ii is provided that in
no case of motion for a new trial shall Il be
necessary 10 specify the grounds otherwise than
In section 400 The result of this provision has
appeared 10 us in the following way: Alter
case has been heard counsel OF the unsucce ssiui
party give notice OF a motion for new trial and
specify all of the statutory grounds possibls in
the language of section se0. The motion fol-
lows the same indefinite specifications. Neither
the court nor the opposite party is appsisei of
the real, ultimate grounds OF the motion until
the time for hearing. No record is made an the