Rye v. Dupont Rayon Co.

The original petition was filed under the Workmen's Compensation Act, chapter 123, Acts of 1919. When called for hearing in the circuit court, the petition was dismissed for failure to prosecute. Upon the refusal of the court to sustain petitioner’s motion to set aside the order of dismissal, an appeal was prayed, granted and perfected, but subsequently dismissed.

A second petition similar to the first was then filed to recover upon the facts stated in the first petition. It contains a statement that’ the first petition was filed,, after notice given, or waived, as required Tby section 23 of…