Legal Opinion

Youghiogheny & Ohio Coal Co. v. Lasevich

Wisconsin Supreme Court

Decided May 4, 1920PublishedCited by 8 opinions

Appeals from orders of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The appeals were from' orders overruling demurrers of the defendant Industrial Commission. In both cases the Industrial Commission made awards under the workmen’s compensation act to widows of men accidentally killed in the course of their employments and ordered that such awards be paid to the alien property custodian.

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Appeals from orders of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The appeals were from' orders overruling demurrers of the defendant Industrial Commission. In both cases the Industrial Commission made awards under the workmen’s compensation act to widows of men accidentally killed in the course of their employments and ordered that such awards be paid to the alien property custodian. In each case the employing companies brought action to set aside the awards of the Commission on the grounds that it had acted in excess of its powers in entering awards against the…

1Opinion of the Court

The following opinion was filed March 9, 1920:

Siebecker, J.

It is provided by statute that orders and awards of the Industrial Commission are reviewable only by action against the Commission if commenced within twenty days, “in which action the adverse party shall also be made defendant.” Sec. 2394 — 19, Stats. The party in whose favor the award is made is an adverse party in such an action. Gough v. Industrial Comm. 165 Wis. 632, 162 N. W. 434.

*349The question arises, Is the alien property custodian appointed by the President of the United States under the trading with the enemy act of October 6,…

2Cases cited2 opinions

  1. Gough v. Industrial CommissionWisconsin Supreme Court · 1917
  2. Fischer v. PalmerDistrict Court, M.D. Pennsylvania · 1919

3Cited by8 opinions

  1. Miller Brewing Co. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1993
  2. Todeva v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1951
  3. Milwaukee Western Fuel Co. v. Industrial CommissionWisconsin Supreme Court · 1923
  4. Milwaukee-Western Fuel Co. v. Industrial CommissionWisconsin Supreme Court · 1920
  5. Sutherland v. WickeyOregon Supreme Court · 1929

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