Crouch v. Ross

Citations

• 83 Wash. 73
• 145 P. 87
• 1914 Wash. LEXIS 1597

Syllabus

<p>Certiorari— Record — Scope of Review — Evidence — Necessity. Upon certiorari to review the decision of the commissioner of public lands ordering a cancellation of a state deed of oyster lands, in which the commissioner was unable to make a full return bringing up all the evidence, by reason of the stenographer’s inability to read her notes, the decision of cancellation must be vacated, without prejudice; since Rem. & Bal. Code, § 1010, relating to review of certiorari proceedings depending on the facts alone, contemplates a review of the evidence upon the record below; and findings of the commissioner, cannot, in the absence of the evidence, be taken as the verdict of a jury.</p> <p>Public Lands — Findings of Commissioner — Review—Certiorari —Evidence. Where the commissioner of public lands took evidence, and made findings thereon, certiorari brings such evidence up for review, even if the commissioner might have determined the matter on his own investigation without the taking of evidence.</p> <p>Evidence — Judicial Notice — Practice in Department. The court will take judicial notice of the practice of the commissioner of public lands to subpoena witnesses and administer oaths.</p>