Jackson v. Puget Sound Lumber Co.

This is a motion to dismiss an appeal from the judgment, upon the ground of failure to file the transcript within forty days after the appeal was perfected. The motion is resisted upon the ground that there is an unsettled bill of exceptions in the case awaiting the action of» the trial judge. It appears that in the superior court the cause was referred to a court *634 commissioner, to take an account and report findings, etc. Upon the filing of his report, and after various proceedings in court, a judgment was rendered in favor of the plaintiff in October, 1895, from which the defendant has appealed. In due time after judgment the defendant served upon the plaintiff a draft of his proposed bill of exceptions, which included a statement of the testimony taken, and other proceedings had before the referee, as well as the proceedings in court subsequent to the filing of the referee’s report. Amendments to this proposed bill were suggested by the plaintiff, relating exclusively to the proceedings before the referee, and the draft and the amendment were sent to the referee for settlement. He allowed certain of the proposed amendments, whereupon the bill was engrossed b)r defendant,…