Dunlap v. Toledo, Ann Arbor & Grand Trunk Railway Co.

In this case, which is a proceeding to condemn lands for a railroad, the original notice was served on a person who was in no way connected with Dunlap, and who had gone on to his premises for the purpose of having service made on him so as to bind Dunlap. The service was clearly illegal and known to be so by the representatives of the railroad who procured his action, and there was no jurisdiction to appoint commissioners of appraisal. The proceedings should not have been confirmed.

It is objected that certiorari is an improper remedy, and that resort should have been had to an appeal. While…