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VONACHEN v. PRATT GLASS CO.

No. 38,550

172 Kan. 545 (1952)

241 P.2d 775

C.R. VONACHEN and MYRTLE ANN VONACHEN, Appellees, v. (PRATT GLASS COMPANY, a partnership, et al.) INDEPENDENT LUMBER COMPANY, a partnership, Appellants, and RAY R. SMITH, Appellee.

Supreme Court of Kansas.

Opinion filed March 8, 1952.

Attorney(s) appearing for the Case

Richard Barrett, of Pratt, argued the cause for the appellants, and George Barrett, also of Pratt, was with him on the briefs.

Eldon L. Meigs, of Pratt, argued the cause and was on the briefs for the appellees, C.R. Vonachen and Myrtle Ann Vonachen.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the trial court discharging a garnishment. For the purpose of clarity the appellees, C.R. Vonachen and Myrtle R. Vonachen, will be referred to as garnishees, the appellant Independent Lumber Company as defendant, and Ray R. Smith, appellee and one of defendants, as the contractor.

The facts may be briefly related as follows: The Vonachens on January 25, 1950, entered...

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