Texas Employers' Ins. Ass'n v. Cook
| Decision Date | 08 December 1932 |
| Docket Number | No. 1291.,1291. |
| Citation | 55 S.W.2d 205 |
| Parties | TEXAS EMPLOYERS' INS. ASS'N v. COOK et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Limestone County; H. F. Kirby, Judge.
Suit by the Texas Employers' Insurance Association against L. H. Cook and others to set aside an award of the Industrial Accident Board. From a judgment dismissing the cause, the plaintiff appeals.
Affirmed.
Lawther, Cox & Cramer, of Dallas, for appellant.
L. W. Shepperd, of Groesbeck, and H. L. Kidd, of Mexia, for appellees.
On January 15, 1932, the Industrial Accident Board made its award against appellant in favor of appellees for compensation for alleged injuries. On February 2, 1932, appellant notified the Industrial Accident Board of its unwillingness to abide by said award. On February 19, 1932, appellant, by registered mail, sent to the district clerk of Limestone county its original petition to set aside said award. It reached Groesbeck on Saturday afternoon the 20th. By reason of no mail being delivered Saturday afternoon and Sunday, the 21st and Monday, the 22d of February being holidays, the mail was not delivered until the morning of February 23d, which was the twenty-first day after appellant had given the Industrial Accident Board notice of its unwillingness to abide by said award. Appellees filed their motion to dismiss the cause, for the reason that the suit was not filed within the statutory period of twenty days provided by section 5 of article 8307 of the Revised Statutes, Acts 1931, c. 224, § 1 (Vernon's Ann. Civ. St. art. 8307, § 5). The trial court sustained said plea and dismissed the cause.
Section 5, article 8307 of the Revised Statutes, as amended, provides that any party, to an award made by the Industrial Accident Board, if dissatisfied, shall, within twenty days after the award, give notice to the board that he will not abide by said award, Our courts in construing said statute have held that same is jurisdictional, and, unless the suit is filed within said twenty days, the trial court does not obtain jurisdiction thereof. Mingus v. Wadley, 115 Tex. 551, 285 S. W. 1084; Washington v. Travelers' Ins. Co. (Tex. Com. App.) 290 S. W. 738.
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