56 W. Va. 458 | W. Va. | 1904
Lead Opinion
The Buckhannon and Northern Railroad Company, a corporation under the laws of the State of West Pirginia, filed its petition after due notice given in the circuit court ®f Barbour county for the purpose of condemning a right of way for crossing over the line o.f the. Berry Branch of the Grafton and Belington Railroad Company on the west side of the Tygarts Yalley River, necessary to the petitioner in building and constructing its road for public use from the town of Buckhannon in Upshur county through the counties of Barbour, Taylor and Marion to Fair-mont in Marion county, and thence to the Pennsylvania State' line, praying that commissioners be appointed by the ‘said court to ascertain and report what would be a just compensation to-the owners for the real estate and crossing sought to be obtained for the said purposes, and that such other proceedings-might be had in said premises as the law might require, and that upon payment of compensation found to be just peti
There being no error, the decree dissolving the injunction is affirmed and the bill will be dismissed.
Affirmed.
Concurrence Opinion
(concurring) :
I think the injunction was properly dissolved and concur in the affirmance of the order; but I am unwilling to say, on this appeal, that a condemnation proceeding for a railroad crossing ■can be sustained in a court of law without a previous determination, by a court of equity, under section 11 of chapter 52 of the Code, or by agreement, of the place of crossing and the manner of effecting it. That question is not properly before this Court, and I do not think it ought to be drawn in here on the far
It amply suffices for the disposition of this appeal to say injunction is never used to restrain a court from proceeding on the ground of lack of jurisdiction, and that, in this case, there is an adequate remedy at law. “A writ of injunction is in no just sense a prohibition to. the courts of common law, in the exercise of their jurisdiction. It is not addressed to those courts. It does not even affect to interfere with them. The proeess, when its object is to restrain proceedings at law, is directed only to the parties. It neither assumes any superiority over the court in which those proceedings are had, nor denies its jurisdiction. It is granted on the sole ground that from certain equitable circumstances, of which the court of equity granting the process has cognizance, it is against' conscience that the party inhibited should proceed in the cause.” 2 Story’s Eq. Jur. §875.
As the bill can, in no sense, raise the question of the extent of the jurisdiction of the law court, it is utterly incapable of 'bringing that question before this Court on appeal. We can only :say it is immaterial whether the law co'urt has jurisdiction. The remedy chosen cannot bring up that question. To test it, you must resort to the writ of prohibition.