People Ex Rel. S. U.H.R.R. Co. v. . Betts

The respondents are commissioners to assess the damages to the owner of certain real estate, taken by the relator for the purposes of its railroad.

This proceeding is a common-law certiorari, to bring up for review the proceedings of the respondents on a new appraisal, and the second report made by them in the same matter. The statute says, that "the second report shall be final and conclusive on all the parties interested." (Chap. 140, Laws of 1850, § 18 [3 Edm. Stat. at Large], 623.) It is insisted by the learned counsel for the relator, that this bar to a review, applies only, to a second…