L. B. Priester & Son, Inc. v. Bynum, 42327
| Decision Date | 19 February 1962 |
| Docket Number | No. 42327,42327 |
| Citation | 137 So.2d 907,244 Miss. 185 |
| Parties | L. B. PRIESTER & SON, INC., and U. S. F. & G. Company v. Clarence Edwin BYNUM, Deceased. |
| Court | Mississippi Supreme Court |
Lawrence W. Rabb, Meridian, for appellant.
Ethridge, Minniece & Bourdeaux, Meridian, for appellee.
Mrs. Alice E. Bynum instituted proceedings before the Workmen's Compensation Commission to secure benefits for the death of her husband. At the hearing before the attorney-referee the claimant offered her proof and rested. The employer and its carrier moved for dismissal of the claim on the ground that the claim had not been established. The motion was sustained and the claim dismissed. On appeal to the Workmen's Compensation Commission, the order of dismissal was affirmed. Claimant then appealed to circuit court and that court reversed the order of the Commission and remanded the case to the Commission to give the employer and carrier an opportunity to present evidence 'before any final determination is attempted herein.' The employer and carrier perfected an appeal to this Court from the circuit court's order, and claimant filed a motion in this Court to dismiss the appeal on the ground that the order of the circuit court was not a final judgment.
Code Section 1147 provides for appeals from the circuit court to the Supreme Court from 'any final judgment,' and interlocutory appeals from circuit court are not permitted by statute, except that an order granting a new trial on the sole ground of excessiveness or inadequacy of damages is appealable. Chapter 230, Laws of 1956 (Code Section 1536). In cases originating before the Workmen's Compensation Commission the circuit court is an intermediate appellate court. The Workmen's Compensation Act provides that, 'Appeals may be taken from the circuit court to the supreme court in the manner as now required by law.' Code Section 6998-26. The judgment of the circuit court in a case appealed from the Workmen's Compensation Commission is final when it has fully disposed of the appeal and nothing remains to be done in that court.
The Commission's 'final award' dismissing the claim was the judgment, the correctness of which was the subject of the appeal to circuit court. The circuit court could (1) affirm, and remand if necessary, or (2) reverse and enter such judgment or award as the Commission should have entered, and remand if necessary. Code Section 6998-26. When the circuit court finally disposed of...
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Leake County Coop. (A.A.L.) v. Barrett's Dependents, 45356
...heart problems where this Court has refused to follow arbitrarily the findings of the commission. L. B. Priester & Son, Inc. v. Dependents of Bynum, 244 Miss. 185, 137 So.2d 907, 141 So.2d 246, sugg. of error overruled 142 So.2d 30 (1962); Holman v. Standard Oil Co., 242 Miss. 657, 136 So.2......
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...the right to bring an action in tort directly against his employer. Mississippi Code § 6998-05. See L. B. Priester & Son, Inc. v. Dependents of Bynum, 1962, 244 Miss. 185, 137 So.2d 907, 141 So.2d 246, 142 So.2d 30, 31. Courts construing Mississippi law should not allow an employee to do in......
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...151 So.2d 600 (1963); Scott Builders, Inc. v. Dependent of Layton, 244 Miss. 641, 145 So.2d 165 (1962); L. B. Priester & Son, Inc. v. Dependents of Bynum, 244 Miss. 185, 137 So.2d 907, 141 So.2d 246, 142 So.2d 30 (1962). However, I am of the opinion that the argument that the Workmen's Comp......
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L. B. Priester & Son, Inc. v. Bynum's Dependents
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