Carr v. Diamond

The opinion of the court was delivered by

Hatcher, C.:

This is a continuation of the controversy involved in Carr v. Diamond, 192 Kan. 336, 388 P. 2d 589. Defendant, R. H. Macy & Co., Inc., “Innes,” appeals from a judgment dismissing the action with prejudice while its appeal from a judgment overruling its demurrer to the petition and other procedural matters were pending.

The plaintiff appealed to the district court from a judgment of the court of common pleas of Sedgwick County, Kansas. After perfecting his appeal, plaintiff filed a motion to have R. H. Macy & Co., Inc., “Innes” made an…