State Ex Rel. v. Oliver

The case is here upon appeal from the order of the trial court overruling the petitioner’s motion to confirm the report of the jury of view, and upon its petition for the writ of certiorari, to review the alleged illegal action of the trial court in refusing to confirm the report. Cer-tiorari was invoked as means of review if the judgment is held interlocutory.

It is insisted by the petitioner that, notwithstanding an appeal was prayed by defendants from the finding of the jury of view and security given for costs as provided by section 1861 of Shannon’s Code (Code, section 3126), the report…