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HAGA v. MOSS, ADMINISTRATOR

No. 40,348

181 Kan. 171 (1957)

311 P.2d 281

In the Matter of the Estate of Clark J. Armstrong, also known as C.J. Armstrong, deceased. (ARLEY D. HAGA, Appellant, v. HAROLD L. MOSS, Administrator of the Estate of Clark J. Armstrong, deceased, Appellee.)

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

Payne H. Ratner, Jr., of Wichita, argued the cause and Payne H. Ratner, Louise Mattox, Russell Cranmer, Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, A. Wayne Murphy, Ray A. Overpeck, Bernard V. Borst, D. Clifford Allison, Gerald D. Lasswell, all of Wichita, and E.E. Pedroja, of Eureka, were with him on the briefs for the appellant.

Harold G. Forbes, of Eureka, argued the cause and Thos. C. Forbes and George Forbes, both of Eureka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HALL, J.:

This was an action to recover damages for negligence in the operation of an automobile. The trial court sustained a demurrer to the evidence and the plaintiff appeals.

No important issue is raised as to the pleadings.

This action was filed in the probate court by a petition of demand against decedent's estate with appropriate request that the matter be transferred and tried in the district...

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