SPADE v. VANSICKLE

No. 39,093

175 Kan. 557 (1954)

265 P.2d 860

MARY SPADE, Appellant, v. H.D. VANSICKLE, TEMPLE ATKINS and FRANK X. BECKER, Appellees.

Supreme Court of Kansas.

Opinion filed January 23, 1954.


Attorney(s) appearing for the Case

Edward Rooney, of Topeka, argued the cause, and George L. Allred, of Emporia, and Jacob A. Dickinson, David Prager and William W. Dimmitt, Jr., all of Topeka, were with him on the briefs for appellant.

Carl A. Ballweg, of Cottonwood Falls, argued the cause, and L.W. Raynolds, of Emporia, was with him on the brief for H.D. VanSickle and Temple Atkins, appellees; and,

John F. Eberhardt, of Wichita, argued the cause, and George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge and Robert M. Siefkin, all of Wichita, were with him on the brief for Frank X. Becker, appellee.


The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for wrongful death. On May 23, 1949, plaintiff filed a petition in the district court of Lyon county the pertinent portions of which to be applied here are summarized as follows: That the defendants H.D. VanSickle and Temple Atkins are residents of Chase county and their respective post office addresses in that county are stated; that the defendant Frank X. Becker is a resident of Lyon...

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