Western Shale Products Co. v. City of Fort Scott

The opinion of the court was delivered by

Wedell, J.:

Two actions were consolidated for trial in the district court. They have not been tried. The plaintiff appeals from intermediate orders involving pleadings.

We shall continue to refer to Western. Shale Products Company, as the plaintiff, and to the defendant, the city of Fort Scott, as the city.

This is the second chapter in this controversy. On a previous appeal by plaintiff it was held a ruling to consolidate actions under G. S. 1949, 60-765 and a ruling denying plaintiff’s motion to dismiss the city’s appeal from a condemnation award were…