Citations
- 282 Ill. 136
Full opinion text
Mr. Chief Justice Carter
delivered the opinion of the court':
This is a writ of error to review a judgment of the circuit court of Cook county quashing a writ of certiorari issued by it on the application of plaintiff in error.
The Louisville and Nashville Railroad Company, plain-, tiff in error, operates a railroad through St. Clair county, Illinois. Louis C. Kirk was employed by said railroad company in repairing cars, and while so acting bruised his thumb with a hammer, from which injury blood poisoning set in, causing his death. He left surviving him his widow, who is the administratrix of his estate and a defendant in error herein. On a hearing had before the arbitrator of the Industrial Board in November, 1916, an award was entered in favor of said administratrix. On a petition for review this award was affirmed by the Industrial Board, and within twenty days thereafter plaintiff in error made application to the circuit court of Cook county for a writ of certiorari to review the decision of the Industrial Board. A prcecipe was issued, returnable to the May term of said circuit court, and the Industrial Board made return to the writ by certifying the record of all proceedings in the case. The Industrial Board was served in Cook county and said administratrix was served by scire facias in St. Clair county. The administratrix filed a written motion in the circuit court of Cook county to quash the writ. Thereafter, on a hearing before the circuit court on this motion, it was shown that the administratrix was a resident of St. Clair county, that petitioner had agents there and that the letters of administration were issued in that county. The circuit court granted the motion to quash the writ for want of jurisdiction in the circuit court of Cook county.
Plaintiff in error insists that the circuit court erred in quashing the writ. Counsel rely especially in support of this argument upon that portion of section 19 of the Workmen’s Compensation act which reads: “The circuit court of the county where any of the parties defendant may be found shall by writ of certiorari to the Industrial Board have power to review all questions of law presented by such record. * * * Service upon any member of the Industrial Board, or the secretary thereof shall be service on the board, and service upon other parties in interest shall be by scire facias, or service may be made upon said board and other parties in interest by mailing notice of the commencement of the proceedings and the return day of the writ to the office of said board and the last known place of residence of the other parties in interest.” (Hurd’s Stat. 1916, p. 1283.) It is insisted that, reading this quoted portion of section 19 in connection with the rest of the act, it is clear that the legislature intended the Industrial Board to be one of the parties defendant, in such a proceeding as this, in the circuit court, and that therefore such proceeding could be brought in the circuit court of any county where a member of the Industrial Board could be found.
Sub-section (&) of section 19 of the Workmen’s Compensation act provides that the hearing before the arbitrator shall be in the vicinity where the injury occurred. The act does not provide where the Industrial Board shall hold its meeting, except that it may be held at its office or anywhere else that the board may deem advisable. Sub-section (