Carpenter v. Madden

PONDER, Justice.

The relator applied to this Court for a review of the judgment of the Court of Appeal sustaining a motion to dismiss his suit. He alleged that he had no notice of the filing of the motion to dismiss the suit and thereby had no opportunity to oppose it. We granted the writs because we were impressed with this contention; however, upon submission, we find that the record in this case is at variance with relator’s contention.

It appears from the record that relator obtained a judgment under the workmen’s compensation law for permanent disability. Thereafter, he obtained a rule…