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AVERY v. NELSON

No. 45,634

205 Kan. 311 (1970)

469 P.2d 349

BOYD B. AVERY, LEONARD K. CLEVENGER, GERALD E. WELLS and LARRY EDWARD HUDSON, a minor, by and through his guardian, EDWARD W. HUDSON, Appellants, v. GARY D. NELSON, Defendant, and FARM BUREAU MUTUAL INSURANCE COMPANY, Garnishee-Appellee.

Supreme Court of Kansas.

Opinion filed May 9, 1970.

Attorney(s) appearing for the Case

Emmet A. Blaes, of Jochems, Sargent and Blaes, and Cliff W. Ratner, of Ratner, Mattox, Ratner, Ratner and Barnes, both of Wichita, argued the cause and were on the brief for the appellants.

Jerry G. Elliott, of Foulston, Siefkin, Powers, Smith and Eberhardt, of Wichita, argued the cause and was on the brief for the garnishee-appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment in a garnishment proceeding wherein the appellants were seeking to recover from the appellee, The Farm Bureau Mutual Insurance Company, the amount of their judgments rendered against the defendant, Gary D. Nelson.

The trial court's ruling in the garnishment proceeding was favorable to appellee. It was held that a restrictive endorsement attached to the policy issued...

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