State ex rel. Minard v. Sowders

The opinion of the court was delivered by

Horton, C. J.:

This case was here before upon a demurrer to the second count of the answer, and reversed. (37 Kas. 209.) After the mandate of this court was received by the court below, the plaintiff filed a reply to the defendants’ answer, and upon the issues joined trial was had. Judgment was rendered for the defendants, upon the authority of McGarry v. The State, 37 Kas. 9.

Of this, complaint is made. It is contended upon the part of the state that, as Peter L. Sowders was not present when the action against him was called for trial, and as his…