Industrial Commission v. Bateman

The fact that Bateman, in his mandamus proceeding, secured an order for the payment of his wage during the period of his discharge, is no bar to the defense of the Industrial Commission, for the reason that it was not a party to the mandamus suit; and for the further reason that in such mandamus action the trial court had no jurisdiction to pass upon an award of compensation from the insurance fund; its jurisdiction in that respect being appellate after denial of compensation by the commission.

We agree with the statement contained in the brief of counsel for defendant in error that “the only…