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SMITH v. MARTIN

Nos. 7592-7595.

336 F.2d 142 (1964)

Lewis D. SMITH, Administrator of the Estate of William Ryan, Jr., Appellant, v. David MARTIN, a Minor, by and through his father and next friend, Joe L. Martin, Appellee. Lewis D. SMITH, Administrator of the Estate of William Ryan, Jr., Appellant, v. Marcella MARTIN, Appellee. Lewis D. SMITH, Administrator of the Estate of William Ryan, Jr., Appellant, v. Douglas MARTIN, a Minor, by and through his father and next friend, Joe L. Martin, Appellee. Lewis D. SMITH, Administrator of the Estate of William Ryan, Jr., Appellant, v. Joe L. MARTIN, Appellee.

United States Court of Appeals Tenth Circuit.

August 20, 1964.

Attorney(s) appearing for the Case

William P. Thompson, Wichita, Kan. (Hershberger, Patterson, Jones & Thompson, Wichita, Kan., on the brief), for appellant.

Howard Harper, Junction City, Kan., and Harold H. Chase, Salina, Kan. (Harper, Hornbaker, Waters & Abbott, Junction City, Kan., on the brief), for appellees.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

All parties to these appeals have filed motions to dismiss. The appellees say that by payment of part of the judgments the appellant has acquiesced in the judgments and the appeals are moot. The appellant says that by accepting part payment of the judgments the appellees have compromised and settled their claims.

Automobiles driven by appellee Joe Martin and William Ryan, Jr., collided in Kansas. Ryan was killed. Appellees-plaintiffs...

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