Harper v. Lexington & Ohio Rail Road

Judge Underwood

delivered the Opinion of the Court.

The proceedings in this case cannot be sustained. The sheriff should make a return upon the warrant in virtue of which he held the inquisition, shewing that the fifteenth section of the act of incorporation had been complied with in respect to all the duties imposed on him. Thus, he should in substance state, that he had, in obedience to the warrant, summoned and empanelled a jury in the manner required by law ; that lie had administered to each of the jury an oath or affirmation (as maybe the case,) justly and impartially to value and assess,…