Carr v. Fife

Citations

• 156 U.S. 494
• 15 S. Ct. 427
• 39 L. Ed. 508
• 1895 U.S. LEXIS 2155

Syllabus

<p>It is too late to urge in this court stipulations between parties not brought to the attention of the court below.</p> <p>The value of the matter in dispute, if not stated in the record, may, for the purpose of jurisdiction, be shown by affidavits.</p> <p>The fact that a Circuit Judge,-prior to his appointment, had been counsel for one of the parties in matters not connected with the case on trial, does not disqualify him from trying the cause.</p> <p>An objection that the receiver took part with the register on the hearing and de 'ision of a case in the land office cannot be taken for the first time in this court.</p> <p>Taking all the facts together, it is quite clear that the receiver and the register affirmatively found the fact of abandonment.</p> <p>The decision of the land office upon the questions involved in this case was conclusive, unless the charges of fraud and conspiracy were sustained, and it is evident that the court below carefully considered the evidence on these points.</p> <p>When a plaintiff seeks to invalidate a patent of land by averring misconduct on the part of officials in a contest case, a complete record of the proceedings is relevant and important.</p> <p>In the absence of fraud .and imposition the findings and decisions of the land office cannot be reviewed as to the facts involved.</p>