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JORDAN v. LACEY

No. 42,427

189 Kan. 169 (1962)

368 P.2d 34

FRANK B. JORDAN, Appellee, v. WALTER LACEY, Appellant.

Supreme Court of Kansas.

Opinion filed January 20, 1962.

Attorney(s) appearing for the Case

Charles E. Henshall, of Chanute, argued the cause, and Kirke C. Veeder, of Independence, was with him on the brief for the appellant.

Payne H. Ratner, Jr., of Wichita, argued the cause, Payne H. Ratner, Louise Mattox, Cliff W. Ratner, Edmund R. Learned, James R. Barr, Frank W. Hylton and R.R. Barnes, all of Wichita, and Tom Crossan, of Independence, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the district court of Montgomery County, Kansas, overruling a demurrer to an amended petition.

This action was commenced by the appellee (hereafter referred to as plaintiff) in his own name on July 11, 1960, by filing his petition in the district court. This was more than one year after plaintiff's injury but within two years. Thereafter an amended petition...

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