Heermans v. Jacksonville, St. Augustine & Indian River Railway Co.

Citations

• 40 Fla. 85

Syllabus

<p>Eminent Domain — Assailing Award of Viewers — Bill of Exceptions Necessary to Exhibit Matters i/n> pais.</p> <p>1. Sections 1544, 1645,1546, 0.547, 1548, 1549,11650 and 1554 of the Revised Statutes, providing for condemnation of private property for railway right of way purposes, where there has been no demand for a'jury trial within the time limited for making'such demand, do not contemplate or require notice to the land owner of the application to the Circuit Judge for a formal judgment of confirmation of an award of viewers made in compliance with the provisions of those sections. Where an award has been made by such viewers and the land owner permits the time to elapse within which he can annul it, as of course, by simply demanding a jury trial, without making such demand, the law contemplates that he thereby acquiesces in the propriety and sufficiency of the award made by the viewers, and is satisfied therewith, and it becomes unnecessary then to notify him of the subsequent application to the judge for a formal judgment confirming such award. When no demand for a jury trial is made by either of the parties within the time limited therefor after the viewers make their award, final judgment of confirmation of such award follows as of course and may be entered by the judge in vacation.</p> <p>2. The only method, within the contemplation ■ of this statute, by which an award made by viewers can be contested, questioned or annulled is by the simple and most effective mode provided by the statute itself; that is, by either of the parties merely demanding the finding of a jury instead of the award made by the viewers, which demand when made within the time limited therefor, of itself, effectually and as of course discharges the viewers and . annuls all of their proceedings without the intervention of any order from the judge for that purpose. The statute makes no provision for the judge to set aside the award of one set of viewers, because it was influenced by impr