McDermott v. State Industrial Accident Commission

At the conclusion of the plaintiff’s case the Commission moved for a nonsuit upon the ground that there was no proof of service of the notice of appeal. However, the record shows that *532notice of appeal was served upon the Commission as provided by Section 6637, Oregon Laws. At the time the question of jurisdiction was raised, the proof of service was in the record.

W. T. Kirk, one of the commissioners, testified in part, that the notice of appeal was received by the Commission on February 11, 1922. The record discloses the following colloquy by counsel for the respective parties and…