DIEHN v. PENNER

No. 38,595

173 Kan. 41 (1952)

244 P.2d 215

AUGUST F. DIEHN, Appellant, v. L.R. PENNER, GEORGE RUSSELL, and M.J. ZIEGLER, Board of County Commissioners of Johnson County, Kansas, and GOVERNING BOARD OF MISSION TOWNSHIP, MAIN SEWER DISTRICT No. 1, JOHNSON COUNTY, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed May 10, 1952.


Attorney(s) appearing for the Case

Edw. A. Benson, Jr., and Marion C. Miller, both of Kansas City, were on the briefs for the appellant.

Rolla W. Coleman, of Mission, argued the cause, and Raymond H. Carr, also of Mission, was with him on the briefs for the appellees.


The opinion of the court was delivered by

WERTZ, J.:

This action was brought to recover rent for use of plaintiff's real estate. Defendants claim a right of way acquired by condemnation proceedings. This appeal is from an order overruling plaintiff's motion for judgment on the pleadings.

The petition alleges that plaintiff is owner of the property in question; that defendant sewer district is a municipal corporation which entered upon and located a...

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