Norrell v. Maryland Casualty Co.
Opinion of the Court
This is an appeal from a judgment dismissing a suit to review an award of the Industrial Accident Board of Texas on a claim for compensation under the Workmen’s Compensation Law of Texas. Article 8307, Vernon’s Annotated Texas Civil Statutes.
The ease was submitted on an agreed statement of facts, from which it appears that appellant claimed to have been permanently injured in the course of his employment by the Coltexo Corporation, for which appellee had written a policy of insurance in conformity to the act. The Board made its award on March 15, 1930. On March 19,
The law provides that either party, if dissatisfied with the award, must give notice to the Board within 20 days after its decision is rendered that ho will not abide by it and must file his suit to set it aside within 20 days after giving notice.
It is apparent that notice was given within 20 days after the award. So far the statute was complied with. If objection had been promptly made by the defendant, plaintiff could have dismissed his suit, if the objection were material, and might have immediately filed it again within 20 days after the notice.
It is the settled policy of the federal courts to disregard technicalities that do not affect the substantial rights of the parties. See 28 USCA § 391, and authorities cited. Giving full effect to the provision of the law requiring notice within 20 days, and suit within 20 days thereafter, as a statute of limitations barring the suit after the lapse of those periods, there is nothing in the act that would render fatal the filing.of suit before the giving of notice, provided both were within 20 days after the awar.d. At most the objection would be one of prematurity which would be waived by filing the general demurrer and general denial in the original answer. Hart v. Texas Employers’ Ins. Ass’n (Tex. Civ. App.) 42 S.W.(2d) 798; Duenkel v. Amarillo Bank & Trust Co. (Tex. Civ. App.) 222 S. W. 670; Moser v. Samples (Tex. Civ. App.) 1 S.W.(2d) 935; Lumbermen’s Trust Co. v. Title Ins. & Inv. Co. (C. C. A.) 248 F. 212. The objection to the jurisdiction of the District Court was purely technical and without merit.
Reversed and remanded.
Reference
- Full Case Name
- NORRELL v. MARYLAND CASUALTY CO.
- Status
- Published