Massman Const. Co. v. Nebraska Workmen's Comp. Court

Citation3 N.W.2d 639,141 Neb. 270
Decision Date17 April 1942
Docket NumberNo. 31287.,31287.
PartiesMASSMAN CONST. CO. v. NEBRASKA WORKMEN'S COMPENSATION COURT.
CourtSupreme Court of Nebraska

141 Neb. 270
3 N.W.2d 639

MASSMAN CONST. CO.
v.
NEBRASKA WORKMEN'S COMPENSATION COURT.

No. 31287.

Supreme Court of Nebraska.

April 17, 1942.


Appeal from District Court, Otoe County; Wilson, Judge.

Action by the Massman Construction Company against the Nebraska Workmen's Compensation Court, the judges thereof, Carl F. Belk, and his attorney, to enjoin and prohibit defendants from proceeding with a rehearing in defendant Belk's proceeding against plaintiff for compensation under the Workmen's Compensation Act and from hearing a second compensation proceeding by such defendant. Judgment for defendants, and from an order overruling plaintiff's motion for a new trial, plaintiff appeals.

Affirmed.

[3 N.W.2d 640]


Syllabus by the Court.

1. Prohibition is derived from the common law and is essentially and wholly a proceeding at law. Courts of equity do not issue writs of prohibition.

2. An injunction to stay proceedings at law is not properly directed against the court or statutory tribunal before which the matter is pending, but solely against the parties to such proceeding.

3. Since such injunction acts upon the parties to the cause and not upon the court or tribunal in which such action is pending, neither the judge or judges thereof, nor the attorneys therein, should ordinarily be made parties to the suit.

4. Where the Nebraska workmen's compensation court in an action pending before

[3 N.W.2d 641]

it is empowered by statute to do full and complete justice to the parties involved and to the matter in dispute, courts of equity will not interfere.


Thomas E. Dunbar, of Nebraska City, for appellant.

Frank M. Coffey, Frank A. Dutton, and Carl Sanden, all of Lincoln, for appellees.


Heard before SIMMONS, C. J., and ROSE, EBERLY, PAINE, CARTER, and MESSMORE, JJ.

EBERLY, Justice.

This is an application by plaintiff, appellant herein, for a temporary and permanent injunction, and appears to have been prosecuted by it under and pursuant to sections 20-1062 to 20-1080, Comp.St. 1929, a part of our Civil Code. The action was commenced by the filing of a petition on January 4, 1939, in the district court for Otoe county by the Massman Construction Company, a corporation, as plaintiff, against “Nebraska Workmen's Compensation Court; Frank M. Coffey, Presiding Judge of the Nebraska Workmen's Compensation Court; Charles E. Jackman, Judge of the Nebraska Workmen's Compensation Court; Lawrence F. Welch, Judge of the Nebraska Workmen's Compensation Court; Carl F. Belk; and Frank A. Dutton, attorney for Carl F. Belk, defendants.” This petition contains copies of each of the motions, applications, petitions, answers, and special appearances hereinafter mentioned and referred to, which are expressly made a part thereof, and in addition aptly and fully alleges and pleads: (1) The official character of the defendant members of the Nebraska workmen's compensation court; (2) that the defendant Belk on or about July 23, 1935, filed in the Nebraska workmen's compensation court his petition for relief against the plaintiff herein because of certain physical injuries received by him while in the employment of plaintiff, and arising out of and in the course of the same. Issue was duly joined by plaintiff herein on the allegations of such petition and trial was had by and before one of the judges of the compensation court on August 29, 1935, and a temporary award dated October 11, 1935, was entered in favor of Belk. Plaintiff in this action paid Carl F. Belk thereon the sum of $510. Thereafter on October 18, 1935, an application for rehearing of said award before the entire court, as provided by law, was filed by the Massman Construction Company. Before such rehearing was ever had, and while said application therefor was pending, Carl F. Belk, on February 11, 1936, filed a request and motion for dismissal, and moved the Nebraska workmen's compensation court to make and enter an order in the cause for the dismissal of any and all claims or awards for benefits to which he might be otherwise entitled under the Nebraska workmen's compensation act, and acts amendatory thereof, arising out of the accident for which recovery was sought in and by the petition heretofore referred to, which was filed July 23, 1935, in said court. The Nebraska workmen's compensation court, on February 11...

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