Lotz v. City of Kansas City

Citations

• 108 Kan. 25
• 193 P. 1051
• 1920 Kan. LEXIS 543

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Condemnation Proceedings — Widening City Street — Appraisement —Partial Report of Commissioners. The provisions of sections 1264 to 1267, General Statutes of 1915, authorizing commissioners, appointed to appraise and assess the damages to property taken for public use in cities of the first class, to make partial reports from time to time are construed, and held, that such reports are partial only in the sense that they do not embrace all the property to be taken and condemned; they are final as to the particular lots and tracts of land included therein.</p> <p>2. Same — Appeal from Partial Report of Commissioners — Time. The landowner who desires to appeal from the award shown by such partial report must appeal within ten days from the filing of the report.</p> <p>3. Same — Appeal from Partial Report of Commissioners ■— Jurisdiction of District Court. The jurisdiction of the district court in an appeal from a partial report of commissioners is in no wise affected by the fact that the appraisers in their final report, filed afterwards, show a complete record of their entire proceedings, including the findings made in the partial report.</p> <p>4. Same — Appeal—Irregularly Signed Appeal Bond — Jurisdiction of District Court. Where the surety on the appeal bond of a landowner signs the affidavit qualifying as surety but fails to sign the body of the bond, and no objection to the sufficiency of the bond is raised by the city, the landowner cannot urge the defect in order to defeat the jurisdiction of the district court.</p> <p>5. Same — Appeal—Trial — Judgment — Motion to Vacate Entire Proceedings Properly Overruled. Within ten days from the filing of the partial report of appraisers the landowner duly appealed to the district court. There was a trial and verdict in his favor increasing the amount of his damages. Both parties were dissatisfied, and the court set the verdict aside. The second trial resulted in a verdict for a sum cons