Oregon Railroad & Navigation Co. v. McCormick

Citations

• 46 Wash. 45
• 89 P. 186
• 1907 Wash. LEXIS 556

Syllabus

<p>Eminent Domain — Procedure—-Juries—Statutes—Repeal. Laws 1905, p. 270, providing a general method for the selection of juries in superior courts, expressly made applicable “whether in special proceedings or otherwise,” and repealing all laws in conflict therewith, repeals the special procedure theretofore existing for summoning jurors in condemnation cases.</p> <p>Appeal — Record—Transcript. The order calling .for the issuance of a special jury venire, and records showing the issuance of a venire and selection of a jury from the jurors summoned, are properly part of the record to he certified hy th§ clerk as part of the transcript on appeal without any bill of exceptions or statement of facts.</p> <p>Jury — Right to Trial by — Waiver. Defendant waives a jury by his default and failure to demand the same, under Laws 1903, p. 50.</p> <p>Eminent Domain — Procedure — Appeal — Review. Under Bal. Code, § 5620, providing that, upon waiver of a jury, the issues shall be tried by the court, it is prejudicial error, where defendant in condemnation proceedings has waived a jury by defaulting, to have the damages assessed by a jury which was not selected in the manner provided by law.</p> <p>Same — Default—Judgment. Appeal lies from a default judgment in condemnation proceedings for error in having the damages assessed hy a jury not summoned in the manner required hy' law, without moving to vacate the judgment or having called the same to the attention of the trial court.</p> <p>Same — Selection by Jury. Upon default in condemnation proceedings, it is the duty of the petitioner, on moving for a jury to assess damages, to see that the jury is selected in the manner required hy law.</p>