Lovitt v. Wellington & Western Railroad
Supreme Court of Kansas
Error from Sumner Distriot Court. Proceeding by the Wellington & Western Railroad Company to condemn the right of way through Lovitt’s land. Plaintiff, intending to appeal from the award of $172 damages made in his favor, filed a certain bond with the county clerk. At the November Term, 1880, of the district court, this bond was adjudged void, and permission to file a new bond was refused. Lovitt brings the. case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The facts in this case are briefly as follows: The Wellington & Western Railroad Co. commenced proceedings before the county commissioners for the condemnation of the right of way; the road ran through plaintiff’s land; damages were awarded to him by the county commissioners, but, dissatisfied with the award made by them, he determined to appeal to vthe district court. In pursuance of this intention, he filed with the county clerk a bond running to the Cowley, Sumner & Fort Smith Railroad Co. The mistake arose, as appears from the affidavit…
2Cases cited1 opinion
- Gates v. SandersSupreme Court of Kansas · 1874
3Cited by16 opinions
- St. Louis, Kansas & Southwestern Railway Co. v. MorseSupreme Court of Kansas · 1892
- Beckwith v. Kansas City & Olathe RailroadSupreme Court of Kansas · 1882
- McClelland Bros. v. AllisonSupreme Court of Kansas · 1885
- Chicago, Kansas & Western Railroad v. Abilene Town-Site Co.Supreme Court of Kansas · 1889
- Spaulding Mfg. Co. v. RoffSupreme Court of Oklahoma · 1912
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