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BYERLEY v. BRAUCHER

No. 40,427

180 Kan. 816 (1957)

308 P.2d 144

W.A. BYERLEY, also known as WILLIAM A. BYERLEY, Appellee, v. J.W. BRAUCHER, also known as JOSEPH W. BRAUCHER, Appellant.

Supreme Court of Kansas.

Opinion filed March 9, 1957.

Attorney(s) appearing for the Case

Howard M. Immel, of Iola, argued the cause and Robt. L. NeSmith and Justus H. Fugate, both of Wichita, were with him on the briefs for the appellant.

Robert F. Stadler, of Humboldt, argued the cause and L.T. Cannon, of Humboldt, was with him on the briefs for the appellee.

The opinion of the court was delivered by

HALL, J.:

This appeal is from an order of the district court overruling a demurrer to an amended petition and from an order of the court overruling portions of a motion to strike.

On January 10, 1956, the plaintiff filed a petition against the defendant alleging in substance the following:

That on the sixth day of January, 1935, the plaintiff was the owner of certain shares of stock in the Humboldt...

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