Kansas City Southern Railway Co. v. Boles
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; STATEMENT BY THE COURT. On the 6th day of August, T907, condemnation proceedings were instituted by the Kansas City Southern Railway Company against Catherine K. Boles and others for the assessment of damages for the right of way of its railroad across lots one to twelve fractional in block 533, Reserve Addition to the city of Fort Smith, Arkansas, belonging to said defendants.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; STATEMENT BY THE COURT. On the 6th day of August, T907, condemnation proceedings were instituted by the Kansas City Southern Railway Company against Catherine K. Boles and others for the assessment of damages for the right of way of its railroad across lots one to twelve fractional in block 533, Reserve Addition to the city of Fort Smith, Arkansas, belonging to said defendants. The issues were submitted to a jury under instructions of the court, and a verdict rendered for defendants in the sum of $32,500. Objections were made by the…
1Opinion of the CourtHart, J.
(after stating the facts). Appellees have moved to dismiss the appeal in this case because, after appellant had been granted an appeal in the court below, it paid to the clerk of the circuit court the full amount of the judgment obtained against it by appellees. In response to this, counsel for appellant say that, at the time the deposit was made with the clerk, this court had not, to the knowledge of appellant, passed upon the meaning of section 2957 of Kixhy’s Digest, which requires that the deposit of the amount of damages shall be made within 30 days after the assessment. That, before the…
2Cases cited5 opinions
- L. R. Junction Ry. v. WoodruffSupreme Court of Arkansas · 1887
- Newgass v. Railway Co.Supreme Court of Arkansas · 1891
- City of Fort Smith v. McKibbinSupreme Court of Arkansas · 1883
- Hope v. ShiverSupreme Court of Arkansas · 1905
- Wellington v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1895
3Cited by29 opinions
- Gurdon & Fort Smith Railroad v. VaughtSupreme Court of Arkansas · 1911
- Mt. Shasta Power Corp. v. DennisCalifornia Court of Appeal · 1924
- Ark. State Highway Comm. v. O. & B. Inc.Supreme Court of Arkansas · 1957
- Ark. State Highway Comm. v. CarderSupreme Court of Arkansas · 1957
- City of El Dorado v. ScruggsSupreme Court of Arkansas · 1914
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