HOLMES v. CITY OF MUSKOGEE

HOLMES v. CITY OF MUSKOGEE
1934 OK 671
37 P.2d 982
169 Okla. 514
Case Number: 24260
Decided: 11/27/1934
Supreme Court of Oklahoma

HOLMES
v.
CITY OF MUSKOGEE et al.

Syllabus

¶0 Master and Servant--Workmen's Compensation--Motion to Dismiss Proceeding to Review Award Sustained Where Merits of Motion Admitted.
In a proceeding to review an award of the State Industrial Commission, when the respondent has filed a motion to dismiss upon the ground that the proceedings are not duly prosecuted, this court may dismiss said proceedings when, in response to an order for the petitioner to respond thereto, the merits of the motion to dismiss are admitted, and the record of the proceedings supports such admission.

Original action in the Supreme Court by Paul Holmes, claimant, to review an award of the State Industrial Commission wherein the City of Muskogee was respondent. Dismissed.

Bower Broaddus, for petitioner.
Forrester Brewster and J. Berry King, Atty, Gen., for respondents.

PER CURIAM.

¶1 On the 6th day of September, 1934, motion to dismiss the appeal for failure to prosecute was filed on behalf of the city of Muskogee, a municipal corporation, carrying its own risk.

¶2 Thereafter a response by order of court was filed, and in that response the petitioner states:

"Comes now Paul Holmes by his attorney of record and states that he does not wish to press his appeal in the above matter."