BESSEMER ENGINEERING & CONSTRUCTION CO. v. SMITH

(113 So. 290) BESSEMER ENGINEERING & CONSTRUCTION CO. v. SMITH. (6 Div. 909.) Supreme Court of Alabama. June 9, 1927. I. Master and servant &wkey;>4l 2 — Appeal taken after 30 days from decree awarding compensation must be dismissed (Code 1923, § 7571). An appeal taken after the lapse of 30 days within which, under Code 1923, § 7571, an appeal by certiorari may be had from the decree awarding compensation to an employee or his dependents, must be dismissed; the time of appeal being jurisdictional. ‘2. Master and servant <&wkey;412 — Proceeding to review decree awarding compensation should be by petition for certiorari, not by appeal, as in ordinary cases (Code 1923, § 7571). Under'Code 1923, § 7571, providing that an aggrieved party may by certiorari appeal within 30 days from a decree awarding compensation, the proceeding for review should be brought to the Supreme Court by petition for certiorari rather than by appeal, as in ordinary cases. Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Proceeding under the Workmen’s Compensation Act by Isabella Smith, claimant, opposed by the Bessemer Engineering & Construction Company, employer. From a judgment granting an award, the defendant appeals. Appeal dismissed. Benton & Bentley, of Bessemer, for appellant. In view of the decision, it is not necessary that brief be here set out. G. C. Boner and O. E. Wilder, both of Birmingham, for appellee. It was necessary that appellant perfect its appeal by certiorari within 30 days after rendition of the decree. Code 1923, §§ 7571, 7588. [MAJORITY] BOULDIN, J. From the decree awarding compensation to an employee, or his dependents in case of death, the “aggrieved party may by certiorari within thirty days thereafter appeal to the Supreme Court of Alabama.” Code, § 7571. In- this statutory review of compensation proceedings the time of _ taking appeal is jurisdictional. If taken after the lapse of 30 days, the appeal must be dismissed. Woodward Iron Co. v. Bradford, 206 Ala. 447, 90 So. 803; Ex parte L. & N. R. Co., 214 Ala. 489, 108 So. 379; Minge v. Smith, 206 Ala. 330, 89 So. 473; Burgin v. Sugg, 210 Ala. 142, 97 So. 216; Walden v. Leach, 201 Ala. 475, 78 So. 381; Coker v. Fountain, 200 Ala. 95, 75 So. 471; Boshell v. Phillips, 207 Ala. 628, 93 So. 576. This proceeding should have been brought here by petition for certiorari. In fact, an appeal bond was filed and approved and appeal certified as in ordinary cases. In any event, the proceeding was not begun within '30 days after the findings of fact and judgment thereon was filed and entered in the court below. Appeal dismissed. ANDERSON, C. J., and SAYRE and GARDNER, JJ., concur. <&wkey;For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes