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TEN EYCK v. HARP

No. 44,553

197 Kan. 529 (1966)

419 P.2d 922

HAROLD TEN EYCK, JR., Plaintiff-Appellant, v. GLEN W. HARP, Defendant, and AETNA CASUALTY AND SURETY COMPANY, Garnishee-Appellee.

Supreme Court of Kansas.

Opinion filed November 5, 1966.

Attorney(s) appearing for the Case

Kay McFarland, of Topeka, argued the cause, and T.M. Murrell, George A. Scott and Jack A. Quinlan, of Topeka, were with her on the briefs for plaintiff-appellant.

Roscoe E. Long, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, Jr., William G. Haynes, Peter F. Caldwell, R. Austin Nothern and Brock P. Snyder, of Topeka, were with him on the briefs for garnishee-appellee.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from an order of the district court dismissing two garnishment proceedings commenced by the plaintiff.

The plaintiff, Harold Ten Eyck, Jr., commenced an action against the defendant, Glen W. Harp, for property damage sustained by him as a result of an automobile collision involving the defendant's automobile and that of a third party, one Johannes, which was allegedly caused by...

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