Burroughs Adding Mach. Co. v. Dehn
| Decision Date | 13 January 1942 |
| Docket Number | No. 27641.,27641. |
| Citation | 38 N.E.2d 569,219 Ind. 350 |
| Parties | BURROUGHS ADDING MACH. CO. v. DEHN. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Industrial Board.
Proceeding under the Workmen's Compensation Act between the Burroughs Adding Machine Company and Ray J. Dehn. The Appellate Court transferred the case to the Supreme Court under Burns' Ann.St. § 4-209, upon a certificate that four judges failed to concur in the judgment.
Case remanded to Appellate Court. See 39 N.E.2d 499.White, Wright & Boleman and Joseph A. Wicker, all of Indianapolis, for plaintiff.
Anderson, Mayfield, Wilhite & Moberly, of Indianapolis, for defendant.
This is an action begun in the Appellate Court to review an order of the Industrial Board. See Warren v. Indiana Telephone Co., 1940, 217 Ind. 93, 26 N.E.2d 399. It has come to this court upon the certificate of the Chief Judge of the Appellate Court that: ‘Four judges of the Appellate Court having failed to concur in a judgment in the above entitled cause, the same is now, pursuant to Sec. 4-209 Burns' 1933, transferred to the Supreme Court.’
The section of the statute referred to applies only to appeals, and the cases properly transferred to this court under the statute invoke the jurisdiction of this court to review for error. The case at bar has never been decided by any court, and this court has no original jurisdiction of such cases.
The case is ordered remanded to the Appellate Court.
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Ulrich v. Beatty, 1
...(1940), 217 Ind. 93, 26 N.E.2d 399; Peabody Coal Co. v. Lambermont (1942), 220 Ind. 525, 44 N.E.2d 827; Burroughs Adding Machine Company v. Dehn (1942), 219 Ind. 350, 38 N.E.2d 569. Further, at page 13 of 230 Ind., page 65 of 101 N.E.2d, the court 'The provision of the statute which require......
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Sizemore v. Public Service Commission of Ind., 29924
...be transferred here under the provisions of § 4-209, supra. Graver Tank & Mfg. Co., Inc. v. Maher, supra; Burroughs Adding Machine Co. v. Dehn, 1942, 219 Ind. 350, 38 N.E.2d 569. Section 54-443, supra, provides for an 'appeal' to the Appellate Court for errors of law from any final decision......