O'BRIEN v. Jones

The opinion of the court was delivered by

Robb, J.:

This is an appeal by defendant from the trial court’s order overruling his demurrer to plaintiff’s second amended petition. Defendant assigns as error, in addition to the error of the trial court in overruling his demurrer, an order overruling an extensive motion to make definite and certain and to strike, but because of his failure to include this in his notice of appeal, the order cannot be considered on appellate review. One of the latest of our many decisions on this particular point is Pennington v. Kansas Turnpike Authority, 180 Kan.…