Detroit Western Transit & Junction Railroad v. Backus

As the question raised by this certiorari can be raised by certiorari or appeal after the inquest, the more convenient practice in most cases is to postpone the-granting of appellate process in such matters as the present, where there is likely to be danger of protracted delays, until the final action below; and while the writ is not beyond the power of the court, it is not deemed wise to retain it. This-is not, therefore, a proper occasion to consider the asserted rights of the company to assume possession in case of a. favorable verdict by a jury and an appeal from its confirmation.…