Sinclair v. Missouri Pacific Railroad

The opinion of the court was delivered by

Harvey, J.;

This is a condemnation proceeding. The principal question presented here is whether the appeal bond, signed by a part only of the tenants in common, owners of the real property con*765demned, gave the court jurisdiction of the appeal as to the other tenants in common. Allied with that is the question whether the bond given was sufficient to authorize the district court to permit its amendment.

The railroad company, desiring to construct its road on a new right of way through a portion of Dickinson county, commenced condemnation proceedings to…