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CUTREL v. BEST

No. 37,754

169 Kan. 16 (1950)

217 P.2d 270

DAVID CUTREL and ROSIE BENDER, Plaintiffs, v. LEE F. BEST, a Justice of the Peace of the City of Columbus, Cherokee County, and ARCHIE BOTTOM and JACK DEWEY, Defendants.

Supreme Court of Kansas.

Opinion filed April 8, 1950.

Attorney(s) appearing for the Case

Oscar M. Yount, of Galena, argued the cause, and Helen E. Yount and Kent E. Yount, both of Galena, were with him on the briefs for the plaintiffs.

Fayette Rowe, of Columbus, argued the cause, and was on the briefs for the defendants.

The opinion of the court was delivered by

THIELE, J.:

This is an original proceeding in mandamus to compel a change of place of trial of an action commenced in the justice of the peace court.

In view of the disposition which must be made of this proceeding it is not necessary that we review at length either the motion for the writ or the answer of the defendants.

In their motion for the writ the plaintiffs allege that the defendant Lee F. Best...

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