42 Kan. 337 | Kan. | 1889
The opinion of the court was delivered by
This is a proceeding to condemn land for railroad purposes. The commissioners appointed for that purpose condemned a right-of-way through the land of Wilkinson, on February 14, 1887, and the report of the award was filed with the county clerk on the following day. Wilkinson was dissatisfied with the award, and on February 23, 1887, he executed and filed an appeal bond with the county clerk, which was approved on the same day. On the next day the transcript and bond were filed in the district court. The first day of the following term of that court was March 7, 1887, at which time the railroad company moved to require the plaintiff to file a petition setting forth the amount and items of damages claimed by him. This motion was sustained, and on March 14, 1887, a petition was filed. The railroad company then asked for a continuance of the cause until the next term, but this application was denied, and leave to answer instanter was granted. On March 15th the case was tried with a jury, resulting in an award of $800.
The other errors assigned, not being insisted on by plaintiff in error in its brief and argument, will not be considered.