Lulchuck v. Ohio Match Co.

Idaho Supreme Court

Lulchuck v. Ohio Match Co.

285 P.2d 802, 76 Idaho 515, 1955 Ida. LEXIS 284

CourtIdaho Supreme Court

DecidedJune 28, 1955

DocketNo. 8227

StatusPublished

This text of 285 P.2d 802 (Lulchuck v. Ohio Match Co.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lulchuck v. Ohio Match Co., 285 P.2d 802, 76 Idaho 515, 1955 Ida. LEXIS 284 (Idaho 1955).

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Opinion

TAYLOR, Chief Justice.

The final award of the Industrial Accident Board was made and filed August 16, 1954. On September 15, 1954, claimant’s notice of appeal was deposited in the Post Office at Coeur d’Alene, Idaho, addressed to the Clerk of the Supreme Court at Boise, and was received and filed in the office of the clerk of this court on September 17, 1954, on the 32nd day after the making and filing of the final award. Respondent has moved to dismiss the appeal on the ground that the notice was not filed within the time allowed by § 72-609 I.C.

Appellant urged that the mailing of the notice within the thirty day period constituted service under the provisions of §§ 12-502 and 12-503 I.C. Those sections deal only with service, whereas § 72-609 requires that the notice of appeal be filed within the thirty day period. Freeman v. Sunshine Mining Co., 75 Idaho 292, 271 P.2d 1022.

The appeal is dismissed.

PORTER, ANDERSON and SMITH, JJ., and SPEAR, District Judge, concur.

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TAYLOR, Chief Justice.

The final award of the Industrial Accident Board was made and filed August 16, 1954. On September 15, 1954, claimant’s notice of appeal was deposited in the Post Office at Coeur d’Alene, Idaho, addressed to the Clerk of the Supreme Court at Boise, and was received and filed in the office of the clerk of this court on September 17, 1954, on the 32nd day after the making and filing of the final award. Respondent has moved to dismiss the appeal on the ground that the notice was not filed within the time allowed by § 72-609 I.C.

Appellant urged that the mailing of the notice within the thirty day period constituted service under the provisions of §§ 12-502 and 12-503 I.C. Those sections deal only with service, whereas § 72-609 requires that the notice of appeal be filed within the thirty day period. Freeman v. Sunshine Mining Co., 75 Idaho 292, 271 P.2d 1022.

The appeal is dismissed.

PORTER, ANDERSON and SMITH, JJ., and SPEAR, District Judge, concur.

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Bluebook (online)

285 P.2d 802, 76 Idaho 515, 1955 Ida. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lulchuck-v-ohio-match-co-idaho-1955.

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