1886

S. v. R. R. Co. v. Robinson

Supreme Court of Virginia

82 Va. 542

Condemnation trial was held in 1881, and damages were assed in accordance with statutory procedure. In 1885, landowner sought to have prior order set aside by alleging first commission was fraudulently influenced by false promise of Railroad to build depot on land, which never occurred. Bill was brought in circuit court and trial court appointed a new commission. Supreme Court reversed and dismissed. By the statutes in effect at that time, condemnation proceedings were to be commenced in the county courts, and could be heard in the circuit courts by appeal or removal. There was no jurisdiction to commence such a proceeding in the circuit courts and that court did not possess the authority to set aside a final condemnation order from the lower court.

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