Peck v. Horst

The opinion of the court was delivered by

Smith, J.:

This is an action to cancel an alleged voting trust and management agreement. The appeal is from an order of the trial court overruling plaintiff’s demurrer to defendant’s answer.

This is the second time the action has been in this court. (See Peck v. Horst, 173 Kan. 498, 249 P. 2d 653.) In that appeal the trial court sustained the demurrer of defendant to one of the grounds for relief pleaded in the petition. While the appeal from the order was pending the defendant filed her answer. Thereupon the plaintiff filed a motion for judgment on the…