Allman v. Bird

While I fully concur in the foregoing decision and the reasons assigned, I think members of the bar are entitled to have the court clarify its position on the point of appellate procedure here presented.

One reading the recent decisions of this court on the point under consideration might well conclude the court treats each case as sui generis, under the guise of looking through form to substance, thereby unduly inviting appeals at the procedural stage of a case.

In effect the decision of the court herein overrules In re Estate of Shirk, 188 Kan. 513, 363 P. 2d 461, which held in substance that…