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JONES v. SMITH

No. 50,722

5 Kan. App. 2d 352 (1980)

616 P.2d 300

ALLIS M. JONES, Appellant, v. DAVID J. SMITH, Appellee, and WESTERN CASUALTY & SURETY COMPANY, Garnishee.

Court of Appeals of Kansas.

Opinion filed September 12, 1980.

Attorney(s) appearing for the Case

Michael R. O'Neal, of Hodge, Reynolds, Smith, Peirce & Forker, of Hutchinson, for the appellant.

Richard C. Hite, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, and John F. Hayes, of Gilliland, Hayes & Gilliland, of Hutchinson, for the appellee.

Before FOTH, C.J., PARKS and SWINEHART, JJ.

Petition for review denied 228 Kan. 806.

PARKS, J.:

This appeal is from the trial court's order allowing defendant to set aside a default judgment.

Plaintiff Allis Jones was injured on April 15, 1972, when she was struck by an automobile driven by defendant David Smith. The vehicle was titled in the names of Sandra and V.E. Keller and was insured by Western Casualty & Surety Company. Jones instituted an action against Smith on May 10, 1973, seeking...

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