Keys v. American Brick & Tile Co.
Keys v. American Brick & Tile Co.
Opinion of the Court
I. These plaintiffs ' obtained an award by the arbitration committee. The defendants caused this award to be reviewed by the industrial commissioner, and he modified the award, in some particulars. The plaintiffs filed in the district court an application which asserted that the award of the committee and said decision of the industrial commissioner had been duly rendered, and thereupon asked the court to render a decree in accordance with said decision of the industrial commissioner, “as provided by law, and particularly Section 2477-m33 of the Supplement to the Code, 1913.” The court applied to entered a decision which, as we understand it, was substantially the finding of the industrial commissioner. The plaintiffs asked the court to render a decree in accordance with said finding. From the action of the court which they had requested, plaintiffs now appeal. Ordinarily, no one would contend that he could maintain an appeal from any judgment he had asked a court to enter. It is not clear that this is so, but we take it to be the thought of appellants that the judgment of the court upon the finding of the commissioner was, while a necessary form, still merely a form; that appellants could not have the finding of the commissioner reviewed until the district court entered judgment thereon; that, therefore, they were bound to request such judgment; and that, as it is a prerequisite to reviewing the finding of the commissioner in this court that the district court should enter judgment upon such finding, it cannot be that taking of the steps which alone made appeal' possible can .have the effect of destroying the appeal. But we cannot consider whether this position, if it be that of the appellant, be well taken, nor many other questions presented by the parties.
In our opinion, the action of the district court must be, and the same is, — Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.