40 Kan. 392 | Kan. | 1888
Opinion by
This seems to us to be a novel proceeding. If the defendant in error is right in his answer, and the court properly overruled the plaintiffs’ demurrer, and properly sustained the demurrer to the plaintiffs’ reply, then the defendant would be relieved from his liability both as to
We therefore recommend that the judgment of the court below be reversed, and the court be directed to overrule the demurrer to the plaintiffs’ reply.
By the Court: It is so ordered.