Georgia Casualty Co. v. Darnell

On Motion for Rehearing.

In its motion for rehearing appellant, for the first time, challenges the jurisdiction of the district court over the subject-matter of this suit, upon the ground that it was not shown that the matter in controversy was adjudicated by the Industrial Accident Board before the institution of this suit, as required by the Workmen’s Compensation Act (Vernon’s Ann. Civ. St. Supp. 1918, art. 5246—1 et. seq.).

Appellant itself instituted this action in the district court, being dissatisfied with the award made by the Accident Board. It selected that forum, thus assuming the…