Opinion

Unemployment Compensation Commission v. Kirby

  • 212 N.C. 763
  • 194 S.E. 474
  • 1938 N.C. LEXIS 227
Court
Supreme Court of North Carolina
Filed
Jan 5, 1938
Status
Published
Author
Stacy
On the bench
Stacy
Cited by
7 cases
Authority
More cited than 95.7%

The opinion

Stacy, C. J.

Whether tbe Unemployment Compensation Commission is authorized to conduct bearings and to determine tbe liability of employers for contributions under cb. 1, Public Laws, Extra Session 1936, is not before us for decision. Conceding, without deciding, tbat sucb authority exists, tbe statute is silent upon tbe subject of any appeal from sucb determination. His Honor, therefore, was correct in bolding tbat be was without jurisdiction to entertain tbe appeal. His reasoning is sound, but be inadvertently went beyond bis authority in dismissing tbe proceeding. He should bave dismissed tbe appeal and left it there.

Tbe cases cited by appellant,

Higdon v. Light Co.,

207 N. C., 39 , 175 S. E., 710 , and

S. v. Carroll,

194 N. C., 37 , 138 S. E., 339 , are inapplicable, as they deal with statutes providing for appeal without prescribing tbe procedure.. Here no appeal is authorized.

Modified and affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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