Gardner v. Pereboom

The first appearance of this case in this court is recorded in Gardner v. Pereboom, 194 Kan. 231, 398 P. 2d 293. In that case this court reversed the trial court, after a trial of the issues, for the reason that the trial court consolidated the action by the driver of the Gardner car with the action of a passenger in *196the Gardner car. This court held that separate actions with separate plaintiffs could not be consolidated under the provisions of G. S. 1949, 60-765 unless all plaintiffs had an interest in the subject of the actions and in the relief demanded.

On a return of the cases to the…