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BAKER v. ERBERT

No. 44,729

199 Kan. 59 (1967)

427 P.2d 461

RICHARD D. BAKER, Appellee, v. HAROLD ERBERT, Appellant.

Supreme Court of Kansas.

Opinion filed May 13, 1967.

Attorney(s) appearing for the Case

Mitchell H. Bushey, of Iola, argued the cause and was on the briefs for the appellant.

Stanley E. Toland, of Iola, argued the cause, and Frank W. Thompson, of Iola, and William L. Carew, of Colorado Springs, Colorado, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a summary judgment rendered in an action on a foreign judgment.

A petition was filed in the District Court of Allen County, Kansas, on July 14, 1965, alleging that a judgment was obtained upon a promissory note in the State of Colorado, in favor of Darrell Thomas, trustee in bankruptcy, against Harold Erbert for the sum of $5,338.38, plus costs and interest. The petition...

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