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CONN v. WALLING

No. 41,603

186 Kan. 242 (1960)

349 P.2d 925

CLIFTON M. CONN, SR., and DORIS LOU CONN, Parents and Next of Kin of CLIFTON M. CONN, JR., an Infant, Appellants, v. JOHN T. WALLING, Defendant; THE ALLIANCE MUTUAL CASUALTY COMPANY, Garnishee, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1960.

Attorney(s) appearing for the Case

James W. Sargent, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, J. Francis Hesse and Stanley E. Wisdom, all of Wichita, were with him on the briefs for the appellants.

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

The opinion of the court was delivered by

WERTZ, J.:

This was a proceeding in garnishment. Plaintiffs (appellants) recovered judgment against John T. Walling, defendant, for damages sustained in an automobile accident, and caused a summons in garnishment to be issued against the Alliance Mutual Casualty Company, garnishee (appellee), who answered denying it owed Walling anything. Plaintiffs elected to take issue on the answer; the trial court heard the parties...

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