Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. Wilson

Supreme Court of Kansas

Decided July 5, 1902No. 12,740PublishedCited by 8 opinions

Error from Johnson district court; John T. Burris, judge.

1Opinion of the Court

The opinion of the court was delivered by

Doster, C. J. :

This was an action of mandamus to compel the county treasurer of Johnson county to pay a sum of money deposited with him by the Atchison, Topeka & Santa Fe Railway Company as an award of damages assessed by right-of-way commissioners. The railway company was allowed to intervene in the suit and defend for the treasurer. Judgment went against it; wherefore it has prosecuted error to this court.

The commissioners’ report assessing damages was filed with the county clerk on November 30. On the same day a copy of the report was filed with the…

2Cases cited4 opinions

  1. St. Louis, Lawrence & Denver Railroad v. WilderSupreme Court of Kansas · 1876
  2. Blackshire v. Atchison, Topeka & Santa Fe Rld.Supreme Court of Kansas · 1874
  3. Manion v. Louisville, St. Louis & Texas R. Co.Court of Appeals of Kentucky · 1890
  4. Phipps v. Kansas & Colorado Pacific Railway Co.Supreme Court of Kansas · 1897

3Cited by8 opinions

  1. State v. Boicourt Hunting Ass'nSupreme Court of Kansas · 1955
  2. Stewart v. Marland Pipe Line Co.Supreme Court of Kansas · 1931
  3. Thompson v. Kansas City Power & Light Co.Supreme Court of Kansas · 1972
  4. Bumm v. ColvinSupreme Court of Kansas · 1957
  5. State Highway Commission v. GriffinSupreme Court of Kansas · 1931

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