Frey v. Willey

The opinion of the court was delivered by

Parker, J.:

This is an appeal from a judgment sustaining a motion to quash an order citing the defendants to appear before the district court and show cause why they should not be held in contempt. Although they are not in dispute a brief statement of the facts is required in order to fully understand the issue presented.

On the 26th day of April, 1935, in an action then pending in the district court of Shawnee county, one J. W. Frey, who owned a farm which was situated between the Kansas or Kaw river on the south and land to the north owned by the…