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LOWREY v. STATE HIGHWAY COMM.

Nos. 38,101, 38,102, 38,103, 38,104, 38,105, 38,106

170 Kan. 548 (1951)

228 P.2d 210

D.I. LOWREY and MINNIE C. LOWREY, his wife; ALBERT J. FIESER and GRACE FIESER, his wife; O.F. BOGLE and MABEL V. BOGLE, his wife; ALBERT R. JANNE and AMELIA JANNE, his wife; JOHN HOLDER, MINNIE DOZE, PEARL STEPHENS, FRED HOLDER, KAY HOLDER and ISABEL KEMP, Appellees, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant. ALBERT J. FIESER and GRACE FIESER, his wife, Appellees, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant. O.F. BOGLE and MABEL V. BOGLE, his wife, Appellees, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant. JOHN HOLDER, MINNIE DOZE, PEARL STEPHENS, FRED R. HOLDER, KAY HOLDER and ISABEL KEMP, Appellees, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant. ALBERT R. JANNE and AMELIA JANNE his wife, Appellees, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant. D.I. LOWREY and MINNIE C. LOWREY, his wife, Appellees v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed March 6, 1951.

Attorney(s) appearing for the Case

Alfred J. Anderson of Iola, argued the cause, and Stanley Taylor, assistant attorney general, Harold Steinrauf, of Topeka, and Claude E. Jurney, of Kingman, were with him on the briefs for the appellant.

Paul R. Wunsch, of Kingman, argued the cause, and Chas. H. Stewart, of Kingman, was with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

The six appeals under consideration present the basic question whether under the provisions of G.S. 1949, ch. 26, art. 1, the condemnor may deposit with the clerk of the district court the appraisement made by the appraisers, pay the court costs and appraisers' fees as fixed by the court, and at the same time perfect and maintain an appeal from the appraisement. Such differences as there are in the appeals...

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