Enneberg v. State Indus. Acc. Commission

• Court: Oregon Supreme Court
• Writing for the Court: BENSON, J.
• Citation: Enneberg v. State Indus. Acc. Commission, 167 P. 310, 88 Or. 436 (Or. 1917)
• Decision Date: 11 September 1917
• Parties: ENNEBERG v. STATE INDUSTRIAL ACC. COMMISSION.

167 P. 310

88 Or. 436

ENNEBERG v. STATE INDUSTRIAL ACC. COMMISSION.

Supreme Court of Oregon

September 11, 1917

In Banc.

Appeal from Circuit Court, Columbia County; James A. Eakin, Judge.

Proceeding for compensation under the Workmen's Compensation Act by O. Enneberg against the State Industrial Accident Commission. From judgment for claimant in the circuit court, the Commission appeals on claimant's motion to dismiss. Motion denied.

Milo C. King, of Gresham, for the motion. George M Brown, Atty. Gen., and J. A. Benjamin, Asst. Atty. Gen opposed.

BENSON J.

Plaintiff moves to dismiss the appeal upon three grounds: (a) That an order denying defendant's motion to dismiss an appeal in the circuit court is not an appealable order; (b) that an appeal cannot be prosecuted unless appellant files in this court a complete transcript of the evidence taken in the trial court; (c) that defendant has not filed an undertaking on appeal.

Considering these in their order, we observe that the notice of appeal reads as follows:

"Please take notice that the defendant above named hereby appeals from the whole of the certain judgment made and rendered in this action by said court on the 24th day of January, 1917, a copy of which judgment is hereto annexed."

The judgment is a final one for the recovery of money and the point raised by plaintiff is not supported by the...