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HOLTHAUS v. MUNSEL

No. 38,382

171 Kan. 488 (1951)

233 P.2d 747

ALBERT C. HOLTHAUS and IRENE E. HOLTHAUS, Appellees, v. SAM MUNSEL, PETE BIERI, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

Harry A. Lanning, of Seneca, argued the cause, and William M. Drumm, of Seneca, was with him on the briefs for the appellants, Pete Bieri and Fidelity and Deposit Company of Maryland, a Corporation.

Jacob A. Dickinson, of Topeka, argued the cause, and Edward Rooney and David Prager, both of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for an alleged wrongful death. The appeal is from orders overruling defendants' motion to strike portions of the petition and an order overruling their demurrer to the petition.

The pertinent portions of the petition may be summarized as follows: It is alleged that plaintiffs are husband and wife; that on October 31, 1949, they were the natural parents and next of kin of Farrell...

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