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FIRST NATIONAL BANK v. BRYANT

No. 38,165

170 Kan. 658 (1951)

228 P.2d 534

FIRST NATIONAL BANK IN WICHITA, a corporation, Appellant, v. J.A. BRYANT (Defendant), and FOURTH NATIONAL BANK IN WICHITA, a corporation (Garnishee Defendant) Appellees.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

Homer V. Gooing, of Wichita, argued the cause and Howard T. Fleeson, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, and Donald R. Newkirk, all of Wichita, were with him on the briefs for the appellant.

E.E. Sattgast, of Wichita, argued the cause and John Madden, Jr., of Wichita, was with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action to recover money which had been obtained by the alleged fraud of the defendant. The question with which this appeal is concerned involves garnishment proceedings. The trial court refused to set aside an order dissolving a garnishment order. The plaintiff has appealed.

The facts are as follows: The plaintiff sued the defendant and filed garnishment proceedings against a number of...

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