Chicago, Kansas & Western Railroad v. Abilene Town-Site Co.

Opinion by

Simpson, C.:

The defendant in error appealed from the award of the commissioners appointed by the judge of the district court to condemn a right-of-way for the plaintiff in error, to the district court of Dickinson county. The *98town-site company filed an appeal bond, which was approved by the county clerk, and was in the following form:

“Whereas, the above named, the Abilene Town-Site Company, a corporation duly organized under the laws of the state of Kansas, intends to appeal to the district court of said county from an award of damages made on the 16th day of April, 1887, by…