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ALDER v. CITY OF FLORENCE

No. 43,861

194 Kan. 104 (1964)

397 P.2d 375

MARY A. ALDER, JOHN J. ALDER, HARRY H. ALDER, (Plaintiffs), and S.C. LUDWIG, (Surety), Appellants, v. THE CITY OF FLORENCE, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1964.

Attorney(s) appearing for the Case

John J. Alder, of Kansas City, argued the cause, and Dean C. Batt, of Marion, was with him on the brief for the appellants.

Spencer L. Depew, of Wichita, and D.M. Ward, of Peabody, argued the cause, and Lawrence Weigand, Lawrence E. Curfman, Byron Brainerd, Charles W. Harris, Orval J. Kaufman, J. Ruse McCarthy, Donald A. Bell, J.L. Weigand, Jr., Paul M. Buchanan and Charles R. Moberly, all of Wichita, were with them on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an injunction action wherein appeal has been duly perfected from an order of the trial court in ancillary proceedings designed to determine damages embraced within an injunction bond because the plaintiffs below wrongfully obtained the issuance of a restraining order against the city of Florence, Kansas.

The primary thrust of this appeal is to determine the nature of proceedings on an...

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