64 Ind. App. 138 | Ind. Ct. App. | 1917
In a proceeding before the Industrial Board, brought under the Workmen’s Compensation Act (Acts 1915 p. 392), the board returned an award in favor of appellee as widow of Earnest Souders, employe, against appellant Campbell-Smith-Ritchie Company, employer. Said appellant and its coappellant, The Fidelity and Casualty Company of New York, thereupon filed their joint motion for a new trial, which motion the board overruled on the ground that in proceedings under said act, a motion for a new trial is not contemplated. Appellants jointly reserved an exception, jointly appealed and jointly assign error in this court.
It will be observed that the award was against the Campbell-Smith-Ritchie Company alone. No reference is made to its coappellant in the proceedings, and it does not appear therein prior to the filing of the motion for a new trial. The record in no manner discloses what interest, if any, said coappellant has in the subject-matter of the controversy. Under such circumstances appellee moves to dismiss the appeal. We are advised by the briefs filed by appellants in opposition to such mo
The appeal is dismissed.
Note. — Reported in 115 N. E. 354. Appeal and review generally, under Workmen’s Compensation Act, L. R. A. 1916 A 178, 266.