State ex rel. Stephens v. Superior Court

This is certiorari to review the proceedings leading up to and resulting in the entry of an order of necessity in a condemnation action brought by George Miller and Joseph Swalwell, doing business as the Miller Logging Company, seeking a right of way for a logging railroad across the lands of the petitioners in this action.

The objections raised to the regularity of the proceedings and the entry of the order of necessity we will examine in the order in which they were urged.

First: Irregularities in the manner of the service of the condemnation notice and petition. An examination of the return…