Estate of Schmitz v. Schmitz

The opinion of the court was delivered by

Marshall, J.:

A motion has been filed by the plaintiffs in which they ask “that they be granted a rehearing in this case, and that the judgment be modified, at least to the extent of placing in the second classification of claims the judgment for George Schmitz in the sum of two'thousand dollars, and for Joseph Schmitz, Jr., in the sum of four thousand dollars.”

The plaintiffs now ask that that part of their elaims which arose for services prior to 1911 as claims of the second class under the law as it existed when Cawood v. Wolfley, 56 Kan. 281, 43 Pac.…