Albuquerque & Cerrillos Coal Co. v. Lermuseaux

Citations

• 25 N.M. 686
• 187 P. 560

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. The venue of a claim for compensation under the Workmen’s Compensation Act (chapter 83, Laws 1917) is in the county wherein the occupation or pursuit is carried on in which the workman was employed when injured, and the</p> <p>P. 690</p> <p>2. Jurisdiction of the court over the subject is a matter which goes to the right of the court to act at all, and this question can be raised at any time, while jurisdiction of the court over a particular case must be raised at the proper time and in the proper manner in the court in which the action is pending. As the district courts of the state have jurisdiction of claims under the Workmen’s Compensation Act, the filing of the claim in the district court of the wrong county is waived, where the matter is not raised in such court.</p> <p>P. 690</p> <p>3. Where an employer against whom an award is made under the Workmen’s Compensation Act fails to object in the district court to the award on the ground that it is excessive, such question cannot be raised in the Supreme Court for the first time. P. 693</p>