Scott v. City of Columbus

Plaintiffs in error claim:

“(1) Neither lot owner has had compensation for her lot assessed by a jury.

“(2) Neither lot owner has been afforded due process of law, because there is no proceeding by which either owner may now have the value of her property, or her share of the $40,000, fixed by a jury. Any proceeding to divide the fund would necessarily be in equity.

“(3) The proceeding under chapter I, division III, of title XII of the G-eneral Code is a proceeding in rem. The duty is upon the municipality to procure an assessment of each lot or parcel of land taken. The privilege afforded the…