State ex rel. Keller v. Waite

Citations

• 70 Ohio St. (N.S.) 149

Syllabus

<p>Appropriation of property for_ railroad purposes — Assessment for compensation in probate court proceedings — Railroad may prosecute error in common pleas court — Section 6JfS7, Re- ■ vised Statutes — Undertaking—Mandamus of railroad to deposit compensation — Will not lie, when — Court proceedings in condemnation.</p> <p>Where a railroad company institutes and prosecutes in the pro-hate court, a proceeding for the appropriation of property for railroad purposes, and the court approves and confirms the verdict of the jury, assessing compensation to the landowner, the railroad company, under section 6437, Revised Statutes, may prosecute error in the court of common pleas from the judgment of the probate court, within thirty days thereafter, to obtain its reversal, and not having taken possession of the premises appropriated, the company may stay the execution of the judgment so sought to be reversed until the case on error is determined, by giving an undertaking according to law; and while the proceedings in error are pending, accompanied by such undertaking, mandamus will not lie requiring the probate judge to order the railroad company to deposit the amount of the verdict ot pay the same to the landowners.-</p>