Streby v. State Industrial Accident Commission

The Industrial Accident Commission, by its attorney, challenged the right of the plaintiff to a hearing in the Circuit Court. By a written motion to dismiss, filed in that court, it averred, in effect, that the Circuit Court had no jurisdiction to entertain the appeal “for the reason that the notice of-appeal filed herein is fatally defective.”

An appeal cannot be taken without proper notice of appeal, and a notice of appeal that is “fatally defective” is not an effective process within the meaning of the law creating and regulating appeals.

Now, examining this written motion for the purpose of…