Kallail v. Solomon

The opinion of the court was delivered by

Wedell, J.:

This was an action by an administrator to recover on behalf of the estate of Clara Kallail, deceased, a judgment against defendant for money had and received from deceased during her lifetime. The action was originally instituted in the city court of Wichita, where plaintiff prevailed. Defendant appealed to the district court, where the result was the same. From the latter he appeals.

Defendant contends the trial court erred in: (1) overruling his demurrer to plaintiff’s evidence; (2) giving certain instructions; (3) refusing to set aside the…