“ Assuming that the matters complained of are susceptible of review by this court, the first question is whether our jurisdiction is dependent upon the appeal or the writ of error.
That a proceeding involving the exercise of the power of eminent domain is essentially but the assertion of a right legal in its nature has been determined. ”

“ By said section of the Code the power of this court to review by writ of error or appeal the judgments or decrees of said court of appeals, excluding certain exceptional and enumerated cases, is limited to cases where the matter in dispute, exclusive of costs, exceeds the sum of $5,000; and such power to review is to be exerted only in the same manner and under the same regulations as theretofore prevailed before the organization of the court of appeals in cases of writs of error on judgments or appeals from decrees rendered in the supreme court of the District of Columbia. ”

“ Where neither party excepts to the ruling of the court, either in respect to its admissibility or legal effect, the fact that such a deposition or affidavit is exhibited in the transcript is not of the slightest importance in the appellate court, as nothing of the kind can ever constitute the proper foundation for an assignment of error. ”