Board of County Com'rs v. Slaughter

(specially concurring).

I concur in the result reached by the majority but the reason therefor is not applicable to this case. I, therefore, cannot give my assent.

Appellant brought suit in the court below to condemn certain real property belonging to appellees for highway purposes. In order to obtain immediate possession of the premises, pending the litigation, appellant, pursuant to the provisions of 1941 Comp., Sec. 25-918, filed a bond, with the American Employers’ Ins. Co., as surety, in the penal sum of $15,000, to the benefit of appellees. The bond was conditioned: “to pay the adjudged…