State ex rel. Hawksworth v. Clifford

Citations

• 130 Wash. 103
• 226 P. 272
• 1924 Wash. LEXIS 825

Syllabus

<p>Mandamus (5) — Master and Servant (121-2) — Workmen’s Compensation-Decision op Department — Review—Adequate Remedy by Appeal. Mandamus does not lie to review or correct the error of the department of labor and industries in refusing to allow an alien beneficiary the full amount of a death claim, as required by the treaty between Great Britain and the United States; since, under Rem. Comp. Stat., § 7697, there is a complete and adequate remedy by appeal where the department fails (as it did) to make “proper application of the provisions of the act,” Id., § 7684, providing that, except as otherwise provided by treaty, an alien beneficiary shall be given fifty per cent of the compensation otherwise provided to such beneficiary.</p> <p>Mandamus (71) — Application—Time to Sue. When there is a statutory right of appeal, which is inadequate, an application for a writ of mandamus must be made within the time fixed by law for the taking of an appeal, or it will be too late.</p>