Barton v. Hackney

*198The opinion of the court was delivered by

Wertz, J.:

This is an appeal from an order of the lower court overruling appellants’ motion for leave to file a supplemental petition. This case was before the court earlier on a demurrer to the petition (Barton v. Hackney, 167 Kan. 754, 208 P. 2d 590) in which we held the petition stated a cause of action and the demurrer thereto was properly overruled. Inasmuch as the contents of the petition were fully set forth in the former opinion of this court, only facts sufficient to determine the question involved in the instant case will be noted.

The petition…