11 Wn.2d 353, ESSIE E. DAVIES et al., Appellants, v. BEN H. FLETT et al., Respondents
[No. 28006. Department One. Supreme Court November 24, 1941.]
ESSIE E. DAVIES et al., Appellants, v. BEN H. FLETT et al.,
Respondents.1
[1] APPEAL AND ERROR - RECORD - ABSENCE OF STATEMENT OF FACTS. Where, on appeal, the appellant does not furnish a statement of facts, and no error appears in the record as it stands, the judgment will be affirmed.
Appeal from a judgment of the superior court for Spokane county, Huneke, J., entered June 10, 1939, upon findings in favor of the defendants, in an action to construe a deed, tried to the court. Affirmed.
Clarence L. Gere and W. C. Losey, for appellants.
James A. Brown and Robert M. Brown, for respondents.
ROBINSON, C. J. -
This action was brought by plaintiffs, seeking a decree adjudging that a deed executed by John T. Hollis and Hester M. Hollis, his wife, was a mortgage, and for other relief. The trial court, after
1 Reported in 119 P. (2d) 686.
[1] See 3 Am. Jur. 284.
354 HAUSWIRTH v. POM-ARLEAU.
Syllabus. [11 Wn. (2d)
a trial lasting four days, held that the deed was what it purported to be, an absolute conveyance of the land, and entered findings of fact, conclusions of law, and a decree accordingly. A proper notice of appeal was served and filed, and also a transcript of the record, but no properly prepared or certified statement of facts has been brought to this court. Appellants prepared a document, denominated a "proposed statement of facts," which they presented to the trial judge, together with a certificate for his signature, but he refused to sign the certificate, for reasons which are fully set forth in State ex rel. Davies v. Superior Court, 3 Wn. (2d) 102, 99 P. (2d) 934, in which a writ of mandate was unsuccessfully sought to compel him to do so.
[1] As no statement of facts has been furnished, and we find no error in the record as it stands, the judgment appealed from is affirmed.
BLAKE, MAIN, MILLARD, and STEINERT, JJ., concur.