North Nishnabotna Drainage District v. Morgan

This was a proceeding instituted in Atchison County to condemn land for a drainage ditch and levee through land of appellant. A commission was appointed to ascertain the damage, the amount awarded was $539.50, and the money was paid into court. Morgan filed exceptions to the report of the commissioners, a jury trial was had in the Circuit Court of Atchison County, verdict was rendered awarding him $450, and judgment entered ordering the clerk to pay defendant that sum and return the balance, $89.50, to the drainage district. Pending these proceedings the ditch and levee were constructed. The…