Missouri Pacific Railway Co. v. Gruendel

The opinion of the court was delivered by

Garver,, J.:

This action grows out of condemnation proceedings instituted by the Missouri Pacific Railway Company for the purpose of condemning .certain lands in Wyandotte county for the right of way of its road. From the assessment of damages made by the commissioners (appointed by the judge of the district court of that county) in favor of the owners of the land sought to be taken, the railway company attempted to appeal to the district court. In' order that it might immediately occupy the lands condemned, the company paid to the treasurer of said…