104 Ky. 29 | Ky. Ct. App. | 1898
delivered the opinion oe the court.
In November, 1880, the appellee commenced proceedings in the Jefferson County Court to condemn for railway pur
The terms of the mandate of this court, the election on Lhe record to continue the prosecution of the condemnation proceedings, and the tender of the amount.found as damages for the new land, are the chief features which, under the contention of appellants, preclude the appellee from abandoning its prosecution of the issue out of chancery, and should have impelled the trial court to order a trial of that issue in spite of the order dismissing the condemnation proceedings. ■ It seems to us, however, that to elect In the equity suit to pay the value of .the land ceded in 1872, rather than to dismiss the proceedings for condemnation, is simply another way of electing to continue to prosecute the County Court condemnation proceedings, and is no more than a reaffirmation of the company’s original intention to condemn the new land on the conditions prescribed by this court. It is as if, knowing