HIDALGO v. KANSAS MILLING CO.

No. 39,221

176 Kan. 221 (1954)

269 P.2d 1029

ROGELIO RODRIGUEZ HIDALGO, Appellant, v. THE KANSAS MILLING COMPANY, a Corporation, et al., Appellees.

Supreme Court of Kansas.

Opinion filed May 8, 1954.


Attorney(s) appearing for the Case

C.H. Morris, of Wichita, argued the cause, and Robert F. Bailey and E. Lael Alkire, all of Wichita, and Jacob E. Heller, of New York, were with him on the briefs for the appellant.

Malcolm Miller, of Wichita, argued the cause, and George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Robert N. Partridge, and Robert M. Siefkin, all of Wichita, were with them on the briefs for the appellees, D.S. Jackman, Nora E. Jackman, David S. Jackman, Jr., Charles M. Jackman, II, John L. Jackman, R.W. MaGill, Deceased since action was commenced, Francis McKown, Ruth A. McKown, Frances MaGill, Alys Tatlock, Jack Rathbone, Geraldine Rathbone, John Novak, Vera Novak, Glen E. Fretzs and May Fretzs.

Robert J. Hill, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, and Theodore C. Geisert, all of Wichita, were with him on the briefs for the appellees, The Kansas Milling Company and Moundridge Mill & Elevator Company, Inc.


The opinion of the court was delivered by

PARKER, J.:

This is an appeal from orders sustaining demurrers to plaintiff's amended petition.

The plaintiff commenced the action by filing a petition in the district court of Sedgwick county on December 28, 1951. This pleading was attacked by divers motions to make its allegations more definite and certain in which the defendants sought to require plaintiff to state...

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