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BEAN v. GIBBENS

No. 39,161

175 Kan. 639 (1954)

265 P.2d 1023

BOYD BEAN and PEARL M. CRAWFORD, Plaintiffs-appellees, v. LEROY GIBBENS, Defendant, UNITED STATES FIDELITY AND GUARANTY COMPANY, Garnishee, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1954.

Attorney(s) appearing for the Case

George R. Gould, of Dodge City, argued the cause, and George Gould, Jr., of Dodge City, was with him on the briefs for the appellant.

John Staley Holden, of Cimarron, argued the cause and E.C. Minner and Harry A. Waite, both of Dodge City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This in its inception was an action for wrongful death. The plaintiffs obtained judgment against the defendant. They then instituted garnishment proceedings against the insurance company to collect judgment. The insurance company answered it owed the defendant nothing. Plaintiffs elected to take issue on that answer. The trial court gave judgment in favor of plaintiffs and against the insurance company garnishee...

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