Poteet v. Simmons

The opinion of the court was delivered by

Thiele, J.:

This was an action in replevin to recover possession of an automobile. Judgment was rendered for plaintiffs and defendant appeals. In a previous appeal it was held that the defendant could not join a third party as a defendant and seek to recover against it any damages he might sustain if the plaintiffs prevailed against him (see Poteet v. Simmons, 171 Kan. 86, 229 P. 2d 747).

Although the abstract does not disclose when the pleadings were filed, apparently after the decision above was rendered, plaintiffs filed theh second amended petition,…