ATKINSON v. DALTON

No. 41,658 and No. 41,659

186 Kan. 145 (1960)

348 P.2d 644

ROBERT T. ATKINSON, Appellant, v. JACK DALTON and A. SANDLER, a Massachusetts Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed January 23, 1960.


Attorney(s) appearing for the Case

Payne H. Ratner, Jr., of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Cliff W. Ratner, Gerald D. Lasswell, Edmund R. Learned, James R. Barr, Frank W. Hylton, and R.R. Barnes, all of Wichita, were with him on the briefs for the appellant.

Robert C. Foulston, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, and Gerald Sawatzky, all of Wichita, were with him on the briefs for appellee A. Sandler.

H.E. Jones, of Wichita, argued the cause, and A.W. Hershberger, Wm. p. Thompson, Richard Jones, and Jerome E. Jones, all of Wichita, were with him on the briefs for the appellee Jack Dalton.


The opinion of the court was delivered by

ROBB, J.:

These appeals, which were consolidated for appellate review, are from the trial court's orders sustaining the separate demurrers of the defendants to plaintiff's second amended petition. The appeals also include previous orders of the trial court sustaining separate motions of defendants to quash service of summons upon them.

Our first determination must be whether the previous orders may be considered...

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