Lowery v. Transport Insurance Co.

PHILLIPS, Chief Justice.

Petitioner-claimant was awarded certain compensation benefits by the Industrial Accident Board. Respondent-Insurance Company gave timely notice of its dissatisfaction with the award and within twenty days after notice filed suit in the district court. Thereafter, respondent took a nonsuit and his case was dismissed. Petitioner was never served.

Subsequent to dismissal of the original appeal petitioner filed a general denial and a cross action. This response was then dismissed on petitioner’s motion; however, by a subsequent court order, the order of dismissal was set…