Burris v. Burris

*209The opinion of the court was delivered by

Thiele, J.:

This was an action for a partnership accounting brought by a surviving partner. Substantially the same relief was sought in Burris v. Burris, 137 Kan. 831, 22 P. 2d 976, in which plaintiff failed on account of his not having duly qualified as such surviving partner. The petition in that case was filed March 24, 1932, and after the above decision was handed down and on July 19, 1933, that case was dismissed without prejudice in the lower court, and within a year thereafter and on November 6, 1933, the present action was filed.

The amended…