40 Md. 425 | Md. | 1874
delivered the opinion of the Court.
The appellant’s counsel concedes that no appeal lies irom the order of the Circuit Court, confirming the inquisition condemning its lands for the construction of the appellee’s railroad. It was settled in Condon’s Case, 8 G. & J., 443, that the jurisdiction of the Circuit Court in such cases is special and limited, and no appeal lies from its action therein, to any other Court. The law of that case has been recognized and adopted by all the subsequent decisions of this Court on that subject. The appeal in this case is not taken from the order confirming the inquisition, but from an intermediate order, overruling the appellant’s motion to quash and set aside an order for a new inquisition and warrant, and in this, it is insisted the Circuit Court exceeded its jurisdiction, and thence the appeal lies.
The appellee, by its charter, (Acts of 1865, ch. 206, and 1872, ch. 50,) was invested with the same power to condemn lands for the construction of its road, as that granted to the Baltimore and Ohio railroad company by the 15th section of the Act of 1826, ch. 123, incorporating that company, and under the provisions of this section, the proceedings in this case were had. These proceedings are not set out in the record in the order in which they occurred, but they appear to have been as follows :
The appellee, on the 22nd of January, 1872, applied for and obtained from a Justice of the Peace, in the usual form, a warrant to condemn a right of way for its road over the lands of the appellant. Under this warrant the sheriff summoned a jury who met upon the land, and on the 2nd of February, 1872, found an inquisition, which was returned to the Circuit Court, at its following April term, lor confirmation. The appellant filed exceptions to its ratification, which were heard, and the inquisition was set aside by the Court at its said April term, 1872. The appellee thereupon moved the Court for a new inquisition, and the case was then continued until the following October term. The
Many of the objections to these proceedings urged in argument go to mere formal irregularities and do not touch the question of jurisdiction, which alone can be considered by this Court. Our inquiry must be confined to the question, whether the Circuit Court by these proceedings, has in any respect exceeded the power and jurisdiction conferred upon it by the statute under which it acted, so that this appeal can be entertained and its action reversed. Such of the objections as appear to us to reach this question we shall now consider.
2nd. It is next objected that the appellant had no notice of the application for a new inquisition and no opportunity to be heard against the petition and motion for it, and it is contended that without such notice the order directing it was passed without lawful authority. Here again the statute furnishes a complete answer to the objection. It
3rd. Another objection is that the Court had no power to amend and make valid the warrant which the clerk issued under its order; and that this warrant was void when issued for want of a teste, and is in other respects defective and insufficient. This assumes not only that the warrant was a writ, or one of the regular processes of the Court, but that it was essential to the validity of the inquisition which the Court was empowered to direct. But this is by no means the case. Such a warrant is not one of the regular writs known under the head of process and might have been dispensed with altogether. According to our construction of the statute, the power of the Court to “ direct another inquisition to betaken” after the first has been set aside, may be carried out by an order much less formal than that adopted in this case, addressed directly to the sheriff, commanding him to proceed and take a new inquisition. It was certainly more regular and
This disposes of all the points of objection and argument we deem it important to notice, and finding that the Circuit Court has, in these proceedings, in no respect exceeded its jurisdiction, the motion to dismiss this appeal must prevail.
Appeal dismissed.