13 Kan. 514 | Kan. | 1874
The opinion of the court was delivered by
In December 1870 the defendant in error instituted proceedings to condemn the right of way through the land of Blackshire, one of the plaintiffs in error, situate in the county of Chase. The amount of damages awarded by the commissioners was $577.50, and this amount was duly deposited by the company with the treasurer of the county. Blackshire appealed from this assessment of damages, and recovered a judgment in the district court for $2,400. This judgment was brought by the company to this court, and affirmed. (A. T. & S. F. Rld. Co. v. Blackshire, 10 Kas., 477.) Blackshire thereupon caused an execution to be issued on such
The case will be remanded to the district court, with instructions to vacate the temporary injunction.