Estate of Smith v. Kansas Turnpike Authority

The opinion of the court was delivered by

Fatzer, J.:

The sole question presented is whether the Kansas Turnpike Authority is required to give a bond for costs as prescribed in G. S. 1957 Supp. 26-102 to perfect an appeal to the district court from an award of commissioners in an eminent domain proceeding.

Two contentions are presented by the Authority. First, that it is a state agency, and as such, is exempted by G. S. 1949, 60-2401 from giving such a bond. We are not persuaded the contention is meritorious. That statute provides in part:

“In any civil action hereafter brought in any district…