Dailey v. . Bay

The court below did not purport to act upon the merits of plaintiff’s appeal from the clerk. Acting under the apprehension that an appeal would not lie from the clerk’s order until the clerk had first followed the procedure outlined by the statute for the laying off of the cartway and the assessment of damages, the judge granted plaintiff’s motion to remand. In this there was error.

The judgment of the clerk is final and, until reversed or modified, is determinative of the rights of the parties'in this controversy. An appeal therefrom is not premature. This court has heretofore determined this…