St. Louis, Kansas & Southwestern Railway Co. v. Morse
Supreme Court of Kansas
Error from Harper District Court. The facts appear in the opinion. Judgment for plaintiff, Morse, at the October term, 1889. The defendant Railway Company brings the case to this court. The district court did not have jurisdiction by way of appeal from the condemnation proceedings, because no valid and binding bond was filed within the time required by law.
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Error from Harper District Court. The facts appear in the opinion. Judgment for plaintiff, Morse, at the October term, 1889. The defendant Railway Company brings the case to this court. The district court did not have jurisdiction by way of appeal from the condemnation proceedings, because no valid and binding bond was filed within the time required by law. The right of appeal of the plaintiff from the award of commissioners is a statutory right, to which certain conditions are annexed, and a party cannot exercise this right without complying with the conditions attached by the statute. C. B.…
1Opinion of the Court
*102The opinion of the court was delivered by
Valentine, J.:
This was originally a condemnation proceeding instituted by the St. Louis, Kansas & Southwestern Railway Company to condemn a right-of-way for its railroad through Harper county. The commissioners, among other awards to landowners through whose lands the right-of-way was to be established, awarded to Joseph Morse $600 as damages to his property, and he attempted to take an appeal from such award to the district court; and the principal question in the case is, whether the district court obtained jurisdiction to hear and determine the case…
2Cases cited2 opinions
- Lovitt v. Wellington & Western RailroadSupreme Court of Kansas · 1881
- Chicago, Kansas & Western Railroad v. Abilene Town-Site Co.Supreme Court of Kansas · 1889
3Cited by17 opinions
- Chicago, R. I. & P. Ry. Co. v. MooreSupreme Court of Oklahoma · 1912
- Vowell v. TaylorSupreme Court of Oklahoma · 1899
- Thompson v. GreerSupreme Court of Kansas · 1901
- Russell v. State Highway CommissionSupreme Court of Kansas · 1937
- Marks v. Waiahole Water Co.Hawaii Supreme Court · 1942
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