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NELSON v. BOULA

No. 46,053

207 Kan. 771 (1971)

486 P.2d 1340

WALTER J. NELSON, Plaintiff, v. JOSEPH A. BOULA, Defendant, and EVART MILLS, Claimant-Appellee, v. CLARENCE W. BURNETTE and LEONARD H. EATON, Garnishers-Appellants.

Supreme Court of Kansas.

Opinion filed July 16, 1971.

Attorney(s) appearing for the Case

H. Dean Cotton, of McPherson, argued the cause and Archie T. MacDonald, of McPherson, was with him on the brief for garnisher-appellant, Clarence W. Burnette.

H.W. Hopp, of McPherson, was on the brief for garnisher-appellant, Leonard H. Eaton.

Evart Mills, of McPherson, argued the cause and was on the brief pro se.

The opinion of the court was delivered by

KAUL, J.:

The subject of this controversy is a judgment in the amount of $1,142.46 which was obtained by plaintiff, Walter J. Nelson, in an action against defendant, Joseph A. Boula. In proceedings prior to the judgment resulting in this appeal, the litigation had resolved into a dispute between Evart Mills, claimant-appellee, who claims the funds by right of an assignment from Nelson and/or by an attorney's lien and...

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