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GAYNES v. WALLINGFORD

No. 41,415

185 Kan. 655 (1959)

347 P.2d 458

ALBERT GAYNES and ROSE GAYNES, Appellees, v. AL J. CONN and MARTHA CONN; CARL W. BECHTEL; MARIE S. BECHTEL; and AL J. CONN, V.E. PETERSON, ELMER FLEMING, EDDIE BOTTERMAN, W. LEE SANDERS, E.C. GLITZKE, Co-Partners Under the Firm Name and Style of LaSALLE REAL ESTATE HOLDING COMPANY; ALICE PETERSON, MILDRED BOTTERMAN, CHRISTIE I. SANDERS, FLORENCE GLITZKE; MISSOURI DIVISION OF EMPLOYMENT SECURITY; KANSAS DIVISION OF EMPLOYMENT SECURITY; STANDARD PRINTING COMPANY, INC.; MARSH STEEL CORPORATION; NURRE COMPANIES, INC., Appellees, and EARLE G. WALLINGFORD, Defendant in Lower Court, Appellant.

Supreme Court of Kansas.

Opinion filed December 12, 1959.

Attorney(s) appearing for the Case

W.C. Jones, of Olathe, argued the cause, and was on the briefs for the appellant.

David W. Wheeler, of Marion, argued the cause, and Edwin G. Westerhaus, of Marion, and James A. Wheeler, of Olathe, were with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

On September 15, 1954, the action out of which this appeal arises was commenced in the district court of Johnson County, Kansas, by Albert Gaynes and Rose Gaynes against Al J. Conn and Martha Conn on an Illinois judgment. Personal service of summons was had upon the Conns and on October 27, 1954, judgment was rendered in favor of the Gaynes in the sum of $6,295.39.

On November 4, 1954, execution...

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