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SMITH v. KANSAS TURNPIKE AUTHORITY

No. 41,059

183 Kan. 158 (1958)

325 P.2d 63

Estate of Columbus C. Smith, deceased; BERTHA P. SMITH MONTGOMERY and JAMES R. MONTGOMERY, Appellees, v. KANSAS TURNPIKE AUTHORITY OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed May 10, 1958.

Attorney(s) appearing for the Case

Donald C. Little, of Kansas City, and Robert M. Cowger, of Topeka, argued the cause and were on the briefs for appellant.

Leonard O. Thomas, of Kansas City, argued the cause, and Arthur J. Stanley, Jr., J.E. Schroeder, Lee E. Weeks and J. Donald Lysaught, all of Kansas City, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

The sole question presented is whether the Kansas Turnpike Authority is required to give a bond for costs as prescribed in G.S. 1957 Supp. 26-102 to perfect an appeal to the district court from an award of commissioners in an eminent domain proceeding.

Two contentions are presented by the Authority. First, that it is a state agency, and as such, is exempted...

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