California Pacific Railroad v. Central Pacific Railroad

Citations

• 47 Cal. 528

Syllabus

<p>When Cebtiobabi Lies.—When, in a proceeding for the condemnation of land, the District Court makes an order which it has no jurisdiction to make in relation to the use of the property sought to be condemned, and there is no appeal from the order, certiorari is the proper remedy, in order to have the order annulled before the-damages it purports to authorize have been sustained.</p> <p>Idem.—When a trespass is about to be committed, by authority of an order of Court which is void, the fact that the trespass may be enjoined in equity does not prevent the order from being reviewed on certiorari, for the mere fact that the order is void will not alone authorize an injunction.</p> <p>Jurisdiction oi? Goubt in Condemking Land. In proceedings for the condemnation of property for a railroad, under the Act of 1861 as amended in 1863, the District Court has no jurisdiction to make an order authorizing the petitioner to take possession of ahd use the land sought to be condemned during the pendency of the proceedings for condemnation, for said Act does not provide any compensation to the owner for such taking, and is, therefore, in so far as it authorizes it, unconstitutional.</p>