Elbert v. Scott

Citations

• 28 Del. 1
• 5 Boyce 1
• 90 A. 587
• 1914 Del. LEXIS 1

Syllabus

<p>1. Appeal and Error—Decisions Reviewable.</p> <p>The right to a review in an appellate tribunal exists only when and to the extent provided by the laws of the state.</p> <p>2. Eminent Domain—Proceedings—“Writ of Ad Quod Damnum.”</p> <p>The “writ of ad guod damnum,” is a common-law writ, in the nature of an original writ, issued by the prothonotary., and in condemnation proceedings is returnable to and subject to confirmation of the Superior Court, which order of confirmation is a final order.</p> <p>3. Eminent Domain—Decisions Reviewable.</p> <p>The action of the Superior Court in confirming the report of the sheriff's jury summoned under a writ of ad guod damnum provided for by Act February 26, 1913 (27 Del. Laws, c. 201), authorizing the condemnation of real estate and the issuance of writs of ad guod damnum to assess the damages, and declaring that the report of the sheriff's jury, when confirmed, shall be final, is a judicial decision, or at least a final order, reviewable under Const, art. 4, § 12, declaring that the Supreme Court has jurisdiction to finally determine all matters in error in the judgments and proceedings of the Superior Court.</p> <p>4. Eminent Domain—Mode of Review—Certiorari.</p> <p>_ Certiorari, and not error, is the proper proceeding by which to obtain a review of the confirmation of a report of the sheriff’s jury summoned under a writ of ad quad damnum in a condemnation suit, for writs of error are limited to proceedings according to the common law, and a proceeding to condemn land, even by writ of ad quad damnum, is not one according to the common law.</p> <p>5. Certiorari—Nature of Writ.</p> <p>Certiorari was originally a writ of grace, which was not granted if substantial justice had been done, despite technical errors, and for that reason was preferred to review special proceedings by inferior tribunals.</p> <p>6. Eminent Domain—Questions Presented by Record—Improper Proceeding.</p> <p>Though certiorari is the proper procedure to ob