Chicago, Kansas & Nebraska Railway Co. v. Ellis
Supreme Court of Kansas
Error from Thomas District Court. On the 8th day of May, 1888, the board of county commissioners of Thomas county, state of Kansas, on the application of the Chicago, Kansas & Nebraska Railway Company, laid off and condemned a route and line for the railway company through the southeast quarter of section No. 33, in township No. 7, of range 34 west, in that county.
Read the full summary
Error from Thomas District Court. On the 8th day of May, 1888, the board of county commissioners of Thomas county, state of Kansas, on the application of the Chicago, Kansas & Nebraska Railway Company, laid off and condemned a route and line for the railway company through the southeast quarter of section No. 33, in township No. 7, of range 34 west, in that county. The commissioners awarded the sum of $230 as the value of the land taken and the damage to the property not taken, from which John Ellis appealed. In the district court, the plaintiff filed a petition • consisting of two counts, in…
1Opinion of the Court
The opinion of the court was delivered by
HobtoN, C. J.:
*461- main-iifei¿-oneappKties *45It is contended that the trial court erred in overruling the motion of defendant below to dismiss the appeal. At the time of the condemnation proceedings, the *46legal title to the land over which the right-of-way was condemned was in Susan A. Ellis, the wife of John Ellis. The commissioners made the award to John Ellis. He appealed. If Susan A. Ellis was dissatisfied with the award, or with any part thereof, she should have appealed. Whatever her rights are in the premises, not having appealed, she is absolutely…
2Cases cited5 opinions
- Lance v. C. M. & St. P. R.Supreme Court of Iowa · 1882
- Chicago, Kansas & Western Railroad v. GrovierSupreme Court of Kansas · 1889
- Chicago R. I. & P. R. R. v. HurstSupreme Court of Iowa · 1870
- Chicago, Kansas & Western Railroad v. AndersonSupreme Court of Kansas · 1889
- Leavenworth, Northern & Southern Railway Co. v. UsherSupreme Court of Kansas · 1889
3Cited by7 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Omaha Bridge & Terminal Railway Co. v. ReedNebraska Supreme Court · 1903
- Grace Land & Cattle Co. v. Tri-State Generation & Transmission Ass'nNebraska Supreme Court · 1974
- Wuester v. Topeka & Northwestern RailroadSupreme Court of Kansas · 1911
- Grace Land & Cattle Co. v. Tri-State Generation & Transmission Ass'nNebraska Supreme Court · 1974
2 more not listed; retrieve them via the Exa API.