New Dells Lumber Co. v. Industrial Commission
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. Nay SteveNS, Circuit Judge. The appeal is from an order dismissing this action upon the ground that the court had no jurisdiction thereof for want of service of the summons and complaint on the defendant Frieda Yennen within twenty days of the Commission's award. This is an action to review an award of the Indv¿-trial Commission.
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Appeal from an order of the circuit court for Dane county: E. Nay SteveNS, Circuit Judge. The appeal is from an order dismissing this action upon the ground that the court had no jurisdiction thereof for want of service of the summons and complaint on the defendant Frieda Yennen within twenty days of the Commission's award. This is an action to review an award of the Indv¿-trial Commission. The award made to Frieda Yennen by the Industrial Commission was dated June 5, 1917. On June 12, 1917, the plaintiff, against whom the award had been made, served a summons and complaint on the Wisconsin…
1Opinion of the CourtSiebeckeh, J.
Sec. '2394 — 19, Stats., provides that a party aggrieved by an order or award of the Industrial Conir mission under the Workmen’s Compensation Act may bring an action for the review thereof against the Commission, “in which action the adverse party shall also be made defendant.” Under this statute it has been held that
“It would be unreasonable, if not absurd, to require the claimant under the award to be made a party defendant with no obligation to make service on him as a jurisdictional requisite to his being afforded his day in court. The fair meaning of the statute is that service on the…
2Cases cited2 opinions
- Hammond-Chandler Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1916
- Gough v. Industrial CommissionWisconsin Supreme Court · 1917
3Cited by3 opinions
- Rathjen v. Industrial CommissionWisconsin Supreme Court · 1939
- Archer v. Industrial CommissionWisconsin Supreme Court · 1925
- State ex rel. Attorney General v. FasekasWisconsin Supreme Court · 1937