Stewart v. Winner

The opinion of the court was delivered by

Mason, J.:

Martin Stewart filed a petition against Willard E. Winner and the board of trustees of Park College, who attacked it by demurrer. The demurrer was sustained, whereupon the plaintiff brought proceedings in error in this court .to review that ruling, no judgment having been rendered. The decision of the trial court was affirmed. (Stewart v. Park College, 68 Kan. 465, 75 Pac. 491.) Upon the recording of the mandate of affirmance the plaintiff asked leave to file an amended petition. The court refused to grant it, and rendered judgment for the…