Columbia Heights Realty Co. v. Rudolph

Citations

• 217 U.S. 547
• 30 S. Ct. 581
• 54 L. Ed. 877
• 1910 U.S. LEXIS 1982

Syllabus

<p>Under the act of February 9, 1893, c. 74, § 8, -27 Stat. 436, appeals from and writs of error to the Court of Appeals of the District of Columbia are governed by § 705, Rev. Stat., as to procedure, and by ■ §§ &97 and 1012, Rev. Stat., as to filing the transcript and assignment of error as from a Circuit Court.</p> <p>Rule 35 refers in terms only to writs of error and appeals under §5 of the Court of Appeals Act of March 3, 1891, but by Rule 21, it is in effect extended to every writ, of error and appeal; and, although errors may not be assigned on a writ of error to the Court of Appeals' of the District of Columbia, the cqurt is not under obligation to dismiss the writ in ease the assignment of errors.is not filed as re- . quired by§§ 997 and 1012, Rév. Stat., having by its rules reserved the option to notice plain error, whether assigned or not. ■ ..</p> <p>In this case the-court exercises the option reserved under Rules 35 and.21 to examine the record to ascertain if there are errors not' assigned as required by §§ 997, 1012, Rev. Stat., but so plain as to demand correction.</p> <p>Under the complete jurisdiction which the United States exercises</p> <p>■ over the District of Columbia it is within the power of Congress to arbitrarily fix a minimum amount to be assessed for benefits on property within the assessment district of a street opening proceeding, and so held as to act of June 6, 1900, c. 810, 31 Stat. 663, as to the opening of extension of Elevehth Street.</p> <p>' Where Congress passes an act superseding a former act in regard to condemnation proceedings and providing for' ¡i reassessment of benefits, the reassessment is a continuance of the proceeding .under the former act and not a new proceeding; and the assessment for benefits is not barred by the statute of limitations if the proceeding was commenced in time under’ the original act.</p> <p>Objections to qualifications of jurors and their examination and oath in condemnation proceedings must be t