David Josiah Brewer

“ Western N. C. R. Co. 98 N. C. 390, 4 S. E. 183; in the latter the court denied the motion for an order appointing commissioners, and dismissed the proceeding, thus putting an end to the right of the plaintiff therein, and therefore an appeal lay in that case.'
The changes in the statute referred to by counsel for plaintiff in error, made subsequently to these decisions, may affect the mode of procedure and the basis for estimating damages, but in no manner affect the question as to the finality of the order appointing commissioners. ”

“ Rep. 301, in which this court sustained its jurisdiction of a writ of error to the supreme court of appeals of West Virginia, and inquired into the validity of a judgment of that court affirming an order of a trial court appointing commissioners under a somewhat similar statute. ”

“ Rep. 897; Keystone Manganese & Iron Co. v. Martin, 132 U.S. 91, 33 L. ed. 275, 10 Sup. Ct. Rep. 32; McGourkey v. Toledo & O. C. R. Co. 146 U.S. 536, 36 L. ed. 1079, 13 Sup. Ct. Rep. 170.'
Reference is made by counsel to Wheeling & B. Bridge Co. v. Wheeling Bridge Co. ”