State ex rel. McCormick v. Superior Court

Citations

• 43 Wash. 91
• 86 P. 205
• 1906 Wash. LEXIS 658

Syllabus

<p>Eminent Domain — Certiorari—To Review Adjudication of Public Use. Certiorari to review an adjudication of public use in condemnation proceedings does not lie in tbe absence of any claim of error upon tbat subject.</p> <p>Same — Review—Errors Assigned. A claim of error upon certiorari to review an adjudication of public use cannot be based upon a claim of want of personal service upon a resident defendant, when the statute allows a service by publication in case tbe defendant’s residence is unknown or cannot be ascertained, and tbe relator shows affirmatively tbat tbe notice was published and fails to show tbat it was not published within tbe statute.</p> <p>Same — Appeal—Review on Propriety of Damages. Upon a condemnation proceeding error in irregularly drawing a jury from an open venire is reviewable upon appeal, under Bal. Code, § 5645, providing tbat an appeal shall only bring before tbe supreme court tbe propriety and justness of tbe amount of tbe damages, since tbe error relates to tbe procedure or trial by which tbe damages are ascertained.</p>