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HOARD v. THE HOME STATE BANK

No. 39,448

176 Kan. 624 (1954)

272 P.2d 1054

NANCY JO HOARD, BARBARA ANN HOARD, and MARY JANE HOARD, minors, by RUTH J. HOARD, their mother, guardian, and next friend, Appellants, v. THE HOME STATE BANK OF RUSSELL, KANSAS; W.S. KNOX as Executor of the Wayne R. Hoard Estate; and the TRAVELERS INSURANCE COMPANY OF HARTFORD, CONNECTICUT, Appellees.

Supreme Court of Kansas.

Opinion filed July 6, 1954.

Attorney(s) appearing for the Case

Patrick H. Thiessen, of Salina, argued the cause, and Aaron A. Wilson, Jr., of Kansas City, Missouri, was with him on the briefs for the appellants.

Richard M. Driscoll, of Russell, argued the cause, and Jerry E. Driscoll and Chas. O. Boyle, both of Russell, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

Plaintiffs brought this action in the district court under the provisions of G.S. 1949, 60-3127 which provides that in cases of actual controversy courts of record within the scope of their respective jurisdictions shall have power to render judgments declaratory of the rights of interested parties. A demurrer to the petition by one defendant and a motion to dismiss by another, based on jurisdictional grounds...

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