Oswald v. St. Joseph & Grand Island Railway Co.
Cases that cite this one
3 later published cases cite this decision.
- Waugh v. Kansas City Public Service Co. (Kan. 1943)
- McCleery v. McCleery Lumber Co. (Kan. 1934)
- Bradley & Vrooman Co. v. Summer (Kan. 1922)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff appealed from the award of commissioners appointed by the district court to condemn a certain ground for depot purposes, and recovered exactly the same amount awarded him by the commissioners. ■ The railroad company moved to retax the costs amounting to $125, and from an order overruling this motion, it appeals.
While the motion should have been granted, an appeal cannot be had on a mere matter of costs. (Civ. Code, § 566, Gen. Stat. 1915, §7470; Richmond v. Brummie, 52 Kan. 247; 34 Pac. 783; Hazelwood v. Mendenhall, 97 Kan. 635, 156 Pac. 696; Shannon v. Abrams, 98 Kan. 26, 157 Pac. 449.)
It is also our duty to decline the assumption of jurisdiction, although the point is not raised by the parties. (Skoin v. Limerick, 50 Kan. 645, 31 Pac. 1051.)
The appeal is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.