Allman v. Bird

While I fully concur in the court’s opinion dismissing the appeal, I join in Mr. Justice Schroeder’s concurring opinion that In re Estate of Shirk, 188 Kan. 513, 363 P. 2d 461, and Vakas, Administratrix v. Collins, 189 Kan. 178, 368 P. 2d 271, should be overruled. Those decisions are unsound in reason and confuse established appellate procedure prescribed by the code of civil procedure and our many decisions construing it. See my dissenting opinions in the Shirk case, supra, page 517, and in the Vakas case, supra, page 186, respectively.