McLaughlin

Certiorari to review certain proceedings had before the Industrial Accident Commission.

On December 7, 1926, George Heine filed an application with the Commission for the adjustment of a claim against James L. McLaughlin, the petitioner herein, and New Am sterdam Casualty Company as insurer, and after a hearing an award was made against the parties last named. Subsequently a petition for rehearing was filed by James L. McLaughlin alleging that the applicant for compensation was not at the time the injury occurred in the employ of McLaughlin, but was employed by James L. McLaughlin Company, a corporation. The petition for rehearing was granted, and, the corporation having been joined as a party, upon a further hearing it was found that at the time the injury occurred the applicant was in the employ of the corporation named above. An award was accordingly made against the corporation, but contained no order discharging James L. McLaughlin, the petitioner herein, from liability, and it is claimed that by reason of the omission petitioner is entitled to relief in the present proceeding.

In order that relief by certiorari may be granted there must have been an excess of jurisdiction…