Kerby v. Hiestermann

The opinion of the court was delivered by

Hoch, J.:

In an action to recover on a promissory note the defendants prevailed and the plaintiffs appeal. Appellants contend that the trial court erred in giving and in refusing instructions and in overruling their motion to set aside the jury’s answers to special questions.

This is the third appeal in this action. In each of two previous appeals, the judgment was reversed and the case remanded for a new trial. (Kerby v. Bott, 160 Kan. 566, 164 P. 2d 84; Kerby v. Hiesterman, 162 Kan. 490, 178 P. 2d 194.) The defendants prevailed at the first trial and…