Cities of Hesston & Sedgwick v. Smrha

The opinion of the court was delivered by

Robb, J.:

This is the third appearance of this matter before the supreme court (Cities of Hesston & Sedgwick v. Smrha, 179 Kan. 72, 293 P. 2d 241; City of Hesston v. Smrha, 184 Kan. 223, 336 P. 2d 428) and the appeal is from the trial court’s order overruling separate and identical motions of the city of Wichita and Smrha to dismiss the attempted action as to appellant Van Cleve Sooter, administrator of the estate of Harvey Hensley, deceased, for the reason that the estate was closed and the administrator discharged on October 27, 1956, and that more…