At Ottawa, March Term, 1882.
Appeal—/rom county court to Supreme Court—in condemnation proceeding. An appeal will lie directly from the county court to the Supreme Court in a proceeding to condemn land for a right of way for a railroad, under the Eminent Domain act.
Appeal from the County Court of Grundy county.
This was a proceeding in the court below .to condemn land for a right of way for a railroad over the premises of appellee. The railroad company appealed. A motion is now made on behalf of the appellee to dismiss the appeal for the want of jurisdiction in this court, it being insisted the appeal should have been taken to the Appellate Court.
Messrs. Doud & Wing, for the motion, contended that the 12th section of the Eminent Domain act, giving an appeal directly from the county court to this court, was repealed by section 67 of the Practice act, (acts 1877, p. 149,) and that this appeal should have been taken to the Appellate Court.
Mr. M. N. Armstrong, contra.
Walker, J.:
The 12th section of the Eminent Domain act, in express terms, gives the right of appeal in cases of this character, directly from the trial court to this court. We do not think anything contained in the Practice act should be held to operate as a repeal of that section. The appeal was properly taken from the county court to this court.
Motion denied.