Kansas City, Wyandotte & Northwestern Railroad v. Kennedy
Supreme Court of Kansas
Error from Marshall District Court. The opinion states the case. The motion for a petition stating what -the land-owner claimed as damages should have been sustained. St. J. & D. C. Rld. Co. v. Orr, 8 Kas. 419, 422; Ellsworth &c. Rly. Co v. Maxwell, 39 id. 651. In this case the motion was a necessity because no transcript was filed. What the clerk filed was a mere certificate as to his opinion, which is not a record. The judgment is personal, and therefore erroneous.
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Error from Marshall District Court. The opinion states the case. The motion for a petition stating what -the land-owner claimed as damages should have been sustained. St. J. & D. C. Rld. Co. v. Orr, 8 Kas. 419, 422; Ellsworth &c. Rly. Co v. Maxwell, 39 id. 651. In this case the motion was a necessity because no transcript was filed. What the clerk filed was a mere certificate as to his opinion, which is not a record. The judgment is personal, and therefore erroneous. St. L. L. & D. Rid. Co. v. Wilder, 17 Kas. 239, 247. Without a transcript from the county court, or a petition filed in the…
1Opinion of the Court
*22The opinion of the court was delivered by
Valentine, J.:
On September 18, 1888, the Kansas City, Wyandotte & Northwestern Eailroad Company instituted condemnation proceedings to procure a right-of-way through the south half of the northwest quarter of section 13, in township 2, of range 10, and, through other lands in Marshall county. Patrick Kennedy was and is the owner of said land. It appears that 3.65 acres of his land were taken for the right-of-way, for which the commissioners awarded him. $185, and in addition thereto he was awarded $35 for damages to the land not taken; total, $220. He…
2Cited by7 opinions
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- State Highway Commission v. GriffinSupreme Court of Kansas · 1931
- Missouri, Kansas & Northwestern Railroad v. SchmuckSupreme Court of Kansas · 1904
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