Elbert v. Scott
Supreme Court of Delaware
i Error to Superior Court, New Castle County (Nos. 4 and 5, January Term, 1914 being Nos. 32 and 33, September Term, 1913, court below). Writs of ad quad damnum to assess damages from the condemnation of the property of Samuel G. Elbert were issued on the application of Harlan G. Scott and others, constituting the New Castle County Building Commission, and on the application of said Samuel G. Elbert.
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i Error to Superior Court, New Castle County (Nos. 4 and 5, January Term, 1914 being Nos. 32 and 33, September Term, 1913, court below). Writs of ad quad damnum to assess damages from the condemnation of the property of Samuel G. Elbert were issued on the application of Harlan G. Scott and others, constituting the New Castle County Building Commission, and on the application of said Samuel G. Elbert. Motions to quash the writs and vacate and set aside the sheriff’s returns thereon having been denied (4 Boyce 388,88 Ail. 608), the landowner, Samuel G. Elbert, brings error. Affirmed. Statement…
1Opinion of the Court
Curtis,
Chancellor, delivering the opinion of the court:
[1-3] A preliminary question arises on the motion of the *8defendants in error made in this court in each case to dismiss the writs of error, because the proceeding taken in each case is not .according to the course of the common law and that certiorari is the proper remedy. The right to a review in an appellate tribunal exists only when and to the extent provided in the Constitution and laws of this state. By Article 4, § 12, of the Constitution, the Supreme Court has jurisdiction “to issue writs of error to the Superior Court and to…
2Cases cited6 opinions
- Appeal of Convers in re the Grand Rapids & Indiana R. R.Michigan Supreme Court · 1869
- Sweeney v. Chicago Telephone Co.Illinois Supreme Court · 1904
- Wilson v. Baltimore & Philadelphia RailroadCourt of Chancery of Delaware · 1884
- Newell v. HamptonSupreme Court of Delaware · 1893
- State ex rel. Brumley v. Jessup & Moore Paper Co.Supreme Court of Delaware · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Le Tourneau v. Consolidated Fisheries Co.Supreme Court of Delaware · 1947
- Trowell v. Diamond Supply Co.Supreme Court of Delaware · 1952
- Du Pont v. Family Court for New Castle CountySupreme Court of Delaware · 1959
- Casey v. Southern Corp.Supreme Court of Delaware · 1942
- Trowell v. Diamond Supply Co.Superior Court of Delaware · 1952
8 more not listed; retrieve them via the Exa API.