Practice-Continued. IV. APPEAL-Continued. From Local Office-Continued. Failure to, from a decision of the local office will not preclude the General Land Office from an examination of a case, where fraud or gross irregularity is suggested on the face of the papers. XX-516 A decision of the local office that the proof offered does not sustain the charge is a finding that becomes final as to the contestant in the absence of. VI-359 Absence of, from the adverse decision of the local office leaves the case to be determined as between the government and the party successful below. XXI-294 In the absence of, from the decision of the local office dismissing a contest the case should be considered as between the claimant and the government. VI-359, 427 The second exception to Rule 48 is only applicable as to rights between the claimant and the government. V-624 Where a decision of the local officers is contrary to existing laws or regulations the Commissioner may consider the case on its merits and reverse the ruling of said officers, though the appeal does not ask for such action. XVIII-431 In the absence of, the Commissioner should, under the second exception to Rule 48, reverse a decision of the local office rendered contrary to law. VI-391 Failure to, under Rule 48 may be conclusive as against parties, but does not preclude examination of the case by the General Land Office. v-245, 603, 624 In the absence of due service on the opposite party of the notice of, from the local office the Commissioner is without authority to reverse the decision below except under the provisions of Rule 48 of Practice. XVIII-594 The decision of the local office becomes final as to the facts if notice of, is not served on the opposite party as required by Rule 46, and in such case no appeal will lie from the decision of the Commissioner affirming the action below. XVIII-153 Where an, from the local office is dismissed as insufficient, the decision below as to the facts should not be disturbed, except under the provisions of Rule 48 of Practice. XX-41 To justify the finality as to the facts, provided for under Rule 48 of Practice, the findings of the local officers must be positive and unequivocal, not argumentative or presumptive. XXII-6 The finding of facts by the local office should not be held final under Rule 48 of Practice if based on matters not properly at issue under the law. XXII-67 Practice-Continued. IV. APPEAL-Continued. From Local Office-Continued. Whether taken or not from the decision of the local office, the Commissioner should determine matters of law involved. V-625 In the absence of, the Commissioner of the General Land Office should examine into the merits of the case where the decision of the local office is against the government. VI-98, 250 Withdrawal of, from the action of the local office leaves its decision final as to the facts the same as though no appeal had been taken. XV-290 Where an appeal from the local office is dismissed as insufficient the decision below should not be disturbed except under Rule 48. XV-400 The right of, from the General Land Office is properly denied where the appeal from the local office is dismissed for the want of specification of error. XVIII-91 On the withdrawal of, from the local office the General Land Office may properly take jurisdiction of the case, under Rule 48 of Practice, if the irregularities therein call for such action. XVIII-306 Unless case falls within Rule 47 (rules of 1880), the Commissioner should not, in the absence of appeal, disturb the decision of the local office. III-184 Case confirmed under Rule 47 (rules of 1880) not considered on appeal except for jurisdictional cause. IV-571 In the absence of, the refusal of the contestee to answer proper questions on cross-examination is such an irregularity as to warrant the General Land Office in a reëxamination of the case under Rule 48. V-599 Though not filed in time, the case under Rules 48 and 49 may be reviewed. V-212 Failure to appeal from decision of local office defeats the right of appeal from the Commissioner's decision affirming the action below. V-624; VI-804; VII-358; XX-396 XX-375 In the absence of, taken in time from a decision of the local office, or valid excuse for such default, there is no right of, to the Department if said decision is affirmed by the Commissioner of the General Land Office. Where, from the local office is properly dismissed for want of compliance with the rules of practice the case must be regarded as though no appeal had been filed, and therefore none can be considered from the action of the General Land Office affirming the decision below. Rule 48 should be construed with Rule 81 as amended. XXI-553 V-624 Failure to appeal from decision of local office held to be a waiver of claim. III-184 Practice-Continued. IV. APPEAL-Continued. From Local Office-Continued. Right of, from Commissioner lost through failure to appeal below when the case was properly disposed of under Rule 47 (rules of 1880). IV-277 Failure of the contestant to take, from a decision of the local office dismissing his contest will not preclude a subsequent assertion of his right thereunder if the record does not affirmatively show due notice of such action. VIII-595 Failure to, from the decision of the local office on question of fact precludes right of appeal to the Department where the action. below is approved; but if said action is disapproved the right of appeal exists in case of subsequent adverse action in the General Land Office. XV-187 Failure of a State to appeal from a decision of the local office on a question under the swamp grant will not defeat its right to appeal from the Commissioner's decision therein. VIII-64; XIII–341 Validity of, from the local office will not be considered by the Department where the case is submitted on its merits to the General Land Office and without objection to its jurisdiction. XI-630; XIII-598 Right of, from the final decision of the local office should not be abridged on the plea that such action is necessary for the protection of selections that must be located within a limited period where such selections are made with full knowledge of prior adverse claims. From the General Land Office. XIII-277 Orders of January 29, 1896, and June 11, 1896, for the transmission of certain, as current business." XXII-120, 675 Allowed from orders of the General Land Office granting or rejecting applications to contest, or applications for hearings, shall be promptly forwarded to the Department as current business. XXI-540 The jurisdiction of the Commissioner over a case ceases on appeal The filing of, does not operate to remove a case from the Commissioner's jurisdiction in cases where he holds that the right of appeal does not exist. X-572 Is not received as such in cases where the Commissioner holds that the right of appeal does not exist. X-572 Right of, from the General Land Office should not be denied until an attempt is made to exercise the same. IV-53; xv-187 Practice-Continued. IV. APPEAL-Continued. From the General Land Office-Continued. From the Commissioner's decision removes the case from the jurisdiction of the General Land Office, and no authority exists thereafter in said office to consider a motion to dismiss said appeal. XII-390, 422 After the allowance of, the Commissioner has no jurisdiction to entertain a motion to dismiss the same. V-205; XIII-507 The Commissioner of the General Land Office has no jurisdiction to consider a motion to dismiss an appeal from his office. XII-647 The General Land Office has no jurisdiction to dismiss an appeal from its action when received and noted of record. XVI-125 Accepted by the General Land Office terminates its jurisdiction over the case, and it does not subsequently acquire jurisdiction on the withdrawal of such appeal in the absence of departmental action thereon. XII-495 When withdrawn by the appellant prior to the transmission of the record to the Department, the Commissioner may dismiss said appeal, and close the case as though no appeal had been taken. XVIII-434 Sufficiency of, from the General Land Office to be determined by the Department. v-251 In all cases where held defective by the General Land Office the case should be transmitted to the Department and the letter of transmittal should specifically designate wherein the appeal is defective. XI-48 IV-227 On appeal to the Secretary cases involving the same principle, but concerning different parties and tracts, should be transmitted separately. II-29, 215; III-166, 349, 445; X-472; XIV-271 In the transmission of, to the Department the record should show whether the land is “offered" or "unoffered." X-684 Papers were properly not transmitted on, where the case had been considered by the Department on review. From the Commissioner's action in rejecting an application to contest an entry must be perfected under Rule 86. VII-423 Applications for extending the time for perfecting an appeal from the General Land Office should be addressed to that office within the time for appeal, with the reasons assigned duly verified by oath. III-59 Neither the local officers nor surveyors-general may fix the time for an appeal from the decision of the General Land Office, nor extend the time fixed by the rules. III-59 One who does not, but files a motion for review out of time, can not be heard to complain if the Department holds the decision below final. XVI-60 Practice-Continued. IV. APPEAL-Continued. From the General Land Office-Continued. In the absence of, and no reason shown therefor, the Department will not undertake to review a decision of the General Land Office. XI-101 In the absence of, the Commissioner's decision becomes final, and he is thereafter without jurisdiction to modify his action therein. XIV-574 Rule 48 is not applicable to decisions rendered by the General Land Office. XII-421 An appellant from decision of the General Land Office is entitled to have all the record on which action was taken transmitted to the Department. XIII-140 In forwarding a case to the Department all papers in connection with the entry should be transmitted therewith. XVII-545 When taken, the General Land Office is not required to notify the parties that the record has been sent to the Department. XVI-60 (Infra-" Defective.") By Whom. See Mining Claim, sub-title Protestant. Party recognized by notice of decision entitled to be heard on appeal. IV-53 A stranger to the record is not entitled to complain of a decision, or to be heard on, before the Department. XXI-95 By one not a party to the record will not be entertained in the absence of due showing as to the nature of the interest claimed by the intervening appellant. XI-499 Right of, can not be exercised by one who is not a party in interest. II-362; XII-538; XIII-673; XVI-397 XII-345 Protestant without interest is not entitled to right of. Right of, must be accorded to one who prefers charges against an entry, furnishes evidence, and pays the cost of his own testimony, even though he formally waives the preference right of a successful contestant. XIII-722 Right of, may be accorded to a protestant against preemption proof who desires to clear the record so that he may enter the land. XIII-507 Right allowed to parties shown to be in interest and affected by the decision. I-579 Mortgagee or purchaser after entry entitled to be heard on disclosure of interest. IV-544, 570; vi-771 X-111 Of intervenor requires a disclosure of interest. The right of, is properly denied where it is sought to be exercised by one who is not a party to the pending controversy, and discloses no right to be heard as an intervenor. XVII-298 |