Burke v. Missouri-Kansas-Texas Railroad

The opinion of the court was delivered by

Hutchison, J.:

This is an appeal by the defendant railroad company from an award and judgment rendered in the district court in a condemnation proceeding, and in addition to the usual question as to the amount of the award the case in the district court had a preliminary matter concerning the validity of the appeal bond filed by the landowner after the report of the appraisement commissioners had been filed, which goes to the question of the jurisdiction of the district court to hear the appeal.

This case involves all the property owned by the appellee…