Davies v. Lutz

The opinion of the court was delivered by

Johnston, C. J.:

This was a foreclosure proceeding, and an appeal is taken from a ruling striking out parts of an answer and cross petition filed by the defendants Norman Lutz and Louise Lutz.

*200In a former appeal in the case questions as to the validity of a service upon additional parties brought into the case were determined. (Davies v. Lutz, 105 Kan. 531, 185 Pac. 45.) After the remand of the case and upon a motion of plaintiff, the court struck out averments in the second and third defenses set up in the answer and cross petition. The defendants…