Loftus v. Taylor Corn Mill Co.

*857The opinion of the court was delivered by

Mason, J.:

Mary R. Loftus obtained judgment in the city court of Leavenworth against The Taylor Corn Mill Company for the possession of a mill standing upon a railroad right of way. The mill company appealed, giving a statutory bond, one of the conditions of which is that it would not commit or suffer waste to be committed on the premises. The district court-likewise gave judgment for the plaintiff, which became final. In the meantime the mill had been destroyed by fire. The plaintiff brought action upon the bond and recovered a judgment against the…