Wiseman v. Eastman

Citations

• 21 Wash. 163
• 57 P. 398
• 1899 Wash. LEXIS 256

Syllabus

<p>NOTICE OE APPEAL-TO WHOM GIVEN — INTERVENORS.</p> <p>Notice of appeal need not be given to one who has attempted to intervene in a cause, hut who has failed to obtain leave of court to file his complaint, as required by Bal. Code, § 4846.</p> <p>PUBLIC LANDS-JUDICIAL ACTS OP LAND DEPARTMENT — REVIEW-MISTAKE OP LAW.</p> <p>A mistake or misconstruction of law on the part of the United States Land Department, which will authorize a review of its-decisions by the courts, must be clearly manifest and not founded upon a possible finding of the facts different from that put upon them by the department.</p> <p>SAME — REVIEW OP QUESTIONS OP PBAUD.</p> <p>Merely proffering false evidence before the United States Land' Department as to matters litigated before it does not constitute such a fraud as entitles the courts to interfere with the decisions of the department; but the fraud which authorizes interference-by the courts must be extrinsic or collateral to the matter tried by the department.</p> <p>SAME — REVIEW OP QUESTIONS OP PACT.</p> <p>The courts cannot review the decisions of the United States-. Land Department on the ground that the evidence was insufficient, or that only incompetent evidence was before it, as the power to try questions of fact necessarily embraces the power to-pass upon the weight and competency of evidence.</p> <p>SAME — COMPULSORY ATTENDANCE OP WITNESSES BEPORE LAND DEPARTMENT.</p> <p>That the rules of the United States Land Department do not provide for the compulsory attendance of witnesses in contest cases does not authorize interference by the courts with a decision of such department, as Congress, having power under the constitution to make all needful rules and regulations respecting-public land, and having organized the land department for that, purpose, without authorizing it to compel the attendance of witnesses, will be presumed to have concluded that the power was-, unnecessary to secure a correct determination of such contest.</p> <