State Ex Rel. MacDiarmid v. Eastman

The proceeding which it is sought to have prohibited in this action was one instituted by the board of park commissioners of the Cleveland metropolitan park district for the assessment of compensation for certain land in which the relators have an interest, the appropriation of which was contemplated for park purposes. The action had been fully tried and submitted to a jury, the jury had returned its verdict, and a motion for a new trial was pending whbn this suit was instituted.

The primary question presented by the demurrer to the petition is whether the facts alleged are such as to entitle…