Reardan Union Grain Co. v. Smith

Citations

• 87 Wash. 316
• 151 P. 772
• 1915 Wash. LEXIS 897

Syllabus

<p>Inspection—Grain — Appeal — Notice — “Parties Interested”— Statutes. Where the purchaser of wheat had paid for it according to the state grain inspector’s grading, under 3 Rem. & Bal. Code, § 5980-14, making such grading conclusive on all parties interested, with right of appeal to the public service commission, he is one of the “parties interested” within Id., § 5980-16, entitling him to notice of the hearing on the appeal, without which notice the decision on the appeal is a nullity.</p> <p>Same—Appeal—Notice—Recital—Conclusiveness. A recital in the order of the public service commission, changing on appeal the grading of wheat, that the order was made “after due notice to the interested parties,” is a mere conclusion of law and not conclusive that one S. had been served where no names were mentioned in the order, and the record elsewhere showed what others had been served, and a rehearing had been requested by an adverse party in order that S. might be served.</p> <p>Same. An order of the public service commission, changing on appeal the state grain inspector’s grading of wheat, and reciting that due service had been given all interested parties, is subject to collateral attack by an interested party who may show that he had no notice; the question of who are interested parties being a judicial question and subject to review by the courts.</p>