West v. West & East R. R.

Citations

• 61 Miss. 536

Syllabus

<p>L Railroads. Proceedings to condemn land. Description of land in petition. Where a railroad company has made an actual visible location of its line by driving stakes, blazing trees, etc., a reference to the land in the petition for condemnation as “the land on which the road has been located ” is sufficiently accurate to notify the owner what property is sought to he condemned.</p> <p>2. Same. Verdict of condemnation. Collateral attack. Pleading.</p> <p>A replication alleging facts which if proven would show that the verdict of condemnation under which a railroad claims to have entered land was in fact no verdict at all but merely a void act of unauthorized individuals, is not an attempt to attack the verdict collaterally.</p> <p>3. Same. Power of jury over verdict after dispersal.</p> <p>A jury summoned to assess the damages for land sought to be condemned by a railroad, having signed their verdict and dispersed, becomes then functus officio, and any subsequent act done by them is of no more effect than an act by any unauthorized individuals.</p> <p>i. Same. Delivery of verdict for deposit.</p> <p>Having signed their verdict and delivered it to a messenger to be deposited with the proper custodian thereof, the jury has no further control over it and cannot afterward act judicially in reference to it.</p> <p>5. Same. Suppression of verdict by railroad. Estoppel.</p> <p>If a railroad company prevail upon a party to whom a verdict of condemnation has been intrusted for delivery to the proper custodian to suppress it, it cannot afterward take advantage of its own wrong by insisting that an actual return was necessary to give it validity as a final and complete adjudication.</p>