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Mullen v. Mitchell

MULLEN v. MITCHELL Et Al.

Mullen v. Mitchell, 1921 OK 129, 197 P. 171
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
April 12, 1921
Docket
No. 11627
Judges
Nicholson, Harrison, Pitohford, Mc-Neill, Elting
Citations
197 P. 1711921 OK 12981 Okla. 2011921 Okla. LEXIS 126
Disposition
Dismissed.
Syllabus
(Syllabus.) 1. Appeal and Error — Failure to File Briefs —Dismissal. Where no briefs are filed, as required by rule 7 of this court (47 Oída, vi), the appeal will be dismissed for want or prosecution. 2. Master and Servant — Workmen’s Compensation Law — Review of Questions of Fact. . Under the provisions of section 10, ch. 14, Workmen’s Compensation Act (Laws 1919), the decision of the State, Industrial Commission is final as to all questions of fact, and this court is not authorized to weigh the evidence upon which any finding of fact is based.
Summary
Original Suit in the Supreme Court Appealing From an Award of the State Industrial Commission. Petition filed by W. P. Mullen seeking to set aside an award made by the State Industrial Commission in favor of James L. Mitchell.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Nicholson

NICHOLSON, J.

This suit was instituted in this court by the petitioner, seeking a reversal of an order of the State Industrial Commission, awarding to the respondent James L. Mitchell compensation computed from April 11, 1920, at the rate of $18 per week for a period of 100 weeks, or until the total of $1,800 had been paid, for the loss of one eye while in the employ of the petitioner.

The petitioner has failed to file brief' as required ‘by rule 7 of this court (47 Okla. VI), and no reason is given for his failure to file the same, and for this reason the appeal should be dismissed under the authority of Blanlot v. Carbon Coal Co., 76 Okla. 16 , 183 Pac. 880 .

Furthermore, the petitioner contends that the evidence is insufficient to show that the respondent Mitchell, suffered the loss of an eye. The commission found as a fact that he did suffer such loss, and its decision on all questions of fact is final. Section 10, ch. 14, Sess. Laws 1919; Board of Com’rs of Cleveland Co. v. Barr et al., 68 Oklahoma, 173 Pac. 206 ; Choctaw Portland Cement Co. v. Lamb et al., 79 Okla. 109 , 189 Pac. 750 ; Stephenson v. State Industrial Commission et al., 79 Okla. 228 , 192 Pac. 580 ; Raulerson v. State Industrial Commission, 76 Okla. 8 , 183 Pac. 880 .

Therefore, this suit is hereby dismissed.

HARRISON, C. J., and PITOHFORD, MC-NEILL, and ELTING, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1921: 11922: 11923: 21924: 11928: 119212026peak 1923 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Choctaw Portland Cement Co. v. Lamb, 1920 OK 130, 189 P. 750 56
Stephenson v. State Indus. Comm'n, 1920 OK 314, 192 P. 580 24
Raulerson v. State Indus. Comm. of Okla., 1919 OK 256, 183 P. 880 14
Blanlot v. Carbon Coal Co., 1919 OK 258, 183 P. 880 4
Bd. of Com'rs v. Barr, 1918 OK 291, 173 P. 206 24

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