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BARNES v. HILTON

No. 38,519

172 Kan. 345 (1952)

239 P.2d 966

ESTHER G. BARNES, Appellee, v. E.M. HILTON, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 1952.

Attorney(s) appearing for the Case

Donald B. Clark, of Kansas City, Mo., argued the cause and James E. Campbell, of Kansas City, Mo., and Howard E. Payne, of Olathe, were with him on the briefs for the appellant.

Karl V. Shawver, Jr., of Paola, argued the cause, and Karl V. Shawver, of Paola, and Johnson, Davis, Thomson, VanDyke & Fairchild, all of Kansas City, Mo., were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action upon a money judgment of the superior court of Los Angeles County, California, entered upon a confession of judgment. The appeal is from an order of the court sustaining plaintiff's demurrer to the answer of defendant upon the ground that the answer does not state facts sufficient to constitute a defense.

Plaintiff in her petition alleged that on February 24, 1949, in the superior...

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