Shaw v. Life & Annuity Ass'n

These appeals were pending here on November 14, 1914, when the case of Moore v. Annuity Association, 93 Kan. 398, involving exactly the same issues, was first decided. That decision was in favor of the contentions urged by the appellants and directed the district court of McPherson county to grant a new trial. Immediately after the decision was announced, the appellants dismissed their appeals. Subsequently a rehearing was granted in the Moore case, and on May 8, 1915, the judgment of the district court sustaining a demurrer to the evidence was affirmed. (Moore v. Annuity Association, 95 Kan.…