293 N.W. 599 | Minn. | 1940
Motion by respondents, The Opsahl Company, employer, and Employers Liability Assurance Corporation and Employers Mutual Liability Insurance Company, insurers, to discharge a writ of Respondents, The Opsahl Company and its insurers, moved this court to discharge the writ of certiorari issued herein on June 29, 1940, on the ground that said writ was not served upon respondents nor upon their attorneys within the time limited for the issuance of said writ.
It appears from the files herein that the industrial commission filed its decision April 29, 1940; that on May 24, 1940, upon the application of Royal G. Bouschor, attorney for relator Saatela, this court "ordered that the time within which to make application to this Court for a writ ofcertiorari to review the decision of the Industrial Commission be and it is hereby extended to include June 29th, 1940."; that on June 29, 1940, upon the joint petition of relators, this court duly issued its writ of certiorari to the industrial commission to review its said decision, filed April 29, 1940; but that such writ of certiorari was not served upon respondents or their attorneys until July 6, 1940. It also appears that no notice was served by respondents upon relators or their attorneys of the filing of the award of the industrial commission.
In In re Judicial Ditch No. 2,
Respondents base their motion to discharge the writ ofcertiorari, because not served on them in time, upon Perkovich v. Oliver I. Min. Co.
When a party to a workman's compensation proceeding obtains additional time within which to apply for certiorari to review an award of the industrial commission, the writ must be obtained and be served upon both the industrial commission and the respondents within the time so limited. Such is the ruling in Perkovich v. Oliver I. Min. Co.
Respondents' motion is granted and the writ discharged. *607