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LARKIN v. NEMAHA COUNTY COMM'RS

No. 38,057

170 Kan. 164 (1950)

223 P.2d 987

OWEN J. LARKIN, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF NEMAHA, STATE OF KANSAS; GALE BROWNLEE, R.B. SHEELEY and GEORGE RAY, as Members of Said Board of County Commissioners and as individuals; and O.J. WARD, as County Clerk of Nemaha County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed November 10, 1950.

Attorney(s) appearing for the Case

William M. Drumm, County Attorney of Nemaha County, argued the cause, and Harry A. Lanning, of Seneca, of counsel, was with him on the briefs for the appellants.

John D. Cunningham, of Seneca, argued the cause, and was on the briefs for the appellee and cross-appellant.

The opinion of the court was delivered by

SMITH, J.:

This was a mandamus action to compel payment of an award in a highway condemnation proceeding. Judgment was for the plaintiff. The defendants have appealed. The plaintiff has cross-appealed from one item in the judgment.

The motion for a writ alleged that the plaintiff was the owner of certain real estate that was condemned by the county commissioners for...

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