1. COURTS — Transfer of Causes — Appellate Court to Supreme Court — Four Judges Failing to Concur — Statute Applicable Only to Appeals. — The statute providing for transfer of cases appealed to the Appellate Court to the Supreme Court where four judges of the Appellate Court fail to concur in the result applies only to appeals; and cases properly transferred thereunder invoke the jurisdiction of the Supreme Court to review for error. p. 351.
2. COURTS — Transfer of Causes — Appellate Court to Supreme Court — Four Judges Failing to Concur — Statute Not Applicable to Appeal From Order of Industrial Board. — Where an action to review a decision of the Industrial Board was begun in the Appellate Court and was transferred to the Supreme Court under the statute providing for transfer where four judges fail to concur, the Supreme Court had no original jurisdiction thereof and the cause was remanded to the Appellate Court since the case had never been decided by any court and the statute referred to applies only to appeals. p. 351.
PER CURIAM.
This is an action begun in the Appellate Court to review an order of the Industrial Board. See Warren v. Indiana Telephone Co. (1940), 217 Ind. 93, 26 N.E.2d 399. It has come to 1. this court upon the certificate of the Chief Judge of the Appellate Court that: "Four judges of the Appellate Court having failed to concur in a judgment in the above entitled cause, the same is now, pursuant to § 4-209, Burns' 1933, § 1364, Baldwin's 1934, transferred to the Supreme Court."
The section of the statute referred to applies only to appeals, and the cases properly transferred to this court under the statute invoke the jurisdiction of this court to review for 2. error. The case at bar has never been decided by any court, and this court has no original jurisdiction of such cases.
The case is ordered remanded to the Appellate Court.
NOTE. — Reported in 38 N.E.2d 569.