City of Stockton v. Bacon

The city of Stockton, a city of the fourth class, .instituted this suit, under section 5993, Revised Statutes 1899’, before the board of aider-men to condemn a tract of land, as an addition to and for cemetery purposes.

*483All the proceedings seem to have been regular, which resulted, on March 16, 1906, in a judgment and decision assessing damages and benefits. From that judgment, the defendant, on July 11, 1906, appealed to the circuit court of Cedar county and the case was upon change of venue taken to the circuit court of Polk county.

Prior, however, to the talcing the change the appellant…