
    MARQUETTE, HOUGHTON & ONT. R. R. CO. vs. PROBATE JUDGE (Houghton),
    53 M., 217.
   To set aside an award, made by commissioners in proceedings to condemn land for railway purposes, that had been paid under protest, where the land had been actually appropriated, since the allowance of the writ would leave the amount undertermined after the land had been taken.

Denied April 9, 1884.  