United States Supreme Court Cases & Opinions

U.S. Supreme Court

Chesapeake & Ohio Canal Co. v. Union Bank of Georgetown, 33 U.S. 8 Pet. 259 259 (1834)

Chesapeake & Ohio Canal Co. v. Union Bank of Georgetown

33 U.S. (8 Pet.) 259

Syllabus

In conformity with the charter of the Chesapeake & Ohio Canal Company, an inquisition, issued at the instance of the company, by a justice of the peace in the County of Washington, District of Columbia, addressed to the marshal of the district, was executed and returned to the Circuit Court of the County of Washington, estimating the value of the lands mentioned in the warrant, and all the damages the owners would sustain by cutting the canal through the land at $1,000. Certain objections being filed to the inquisition, the court quashed the same, and a writ of error was brought on this judgment.

By the Court:

"The order or judgment, in quashing the inquisition in this case is not final. The law authorizes the court, 'at its discretion, as often as may be necessary, to direct another inquisition to be taken.' The order or judgment, therefore, quashing the inquisition is in the nature of an order setting aside a verdict for the purpose of awarding a venire facias de novo."