Bailey v. Talbert

The opinion of the court was delivered by

Robb, J.:

This appeal is from an order of the trial court dated October 23, 1958, in which plaintiff’s motion for judgment on the pleadings and their demurrer lodged against defendant’s amended answer and cross petition were overruled. In a previous appeal of the same case (Bailey v. Talbert, 179 Kan. 169, 294 P. 2d 220, the judgment of the trial court was reversed and a new trial ordered. (p. 177.)

In addition to plaintiff’s petition with a partial amendment thereto and defendant’s answer and cross petition in the former trial, the defendant has now…