Montgomery Ward & Co v. Ellis

The opinion of the court was delivered by

Dawson, C. J.:

This is the second appearance of this case in this court. (152 Kan. 320, 103 P. 2d 817.) It originated as an action in the court of Topeka for the purchase price of two “motor-scoots.” In that court the defendant prevailed, and plaintiff attempted to appeal to the district court by giving a bond the sufficiency of which was challenged by defendant’s motion to dismiss. While that motion was pending, plaintiff filed a motion to change the appeal bond. The district court overruled defendant’s motion to dismiss and sustained plaintiff’s…