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Hibbs v. City of Wichita

Supreme Court of Kansas
Jun 12, 1954
271 P.2d 797 (Kan. 1954)

Opinion

No. 39,415

Opinion filed June 12, 1954.

SYLLABUS BY THE COURT

MUNICIPAL CORPORATIONS — Action Under Mob Statute — Filing Claim — Sufficiency of Petition. The petition examined, and held, the facts therein alleged and relied on are insufficient to state a cause of action against the defendant under the provision of G.S. 1949, 12-201.

Appeal from Sedgwick district court, division No. 1; WILLIAM C. KANDT, judge. Opinion filed June 12, 1954. Reversed with directions.

Douglas E. Shay, of Wichita, argued the cause, and Fred W. Aley and Theodore H. Hill, both of Wichita, were with him on the briefs for the appellant. William C. Norton, of Wichita, argued the cause, and Harry W. Saums, of Wichita, was with him on the briefs for the appellee.


The opinion of the court was delivered by


This is an action to recover damages alleged to have been sustained as a result of the action of a mob within the corporate limits of the defendant city. The appeal is from an order overruling a demurrer to the plaintiff's amended petition.

Except for differences in the identity of the plaintiff and inconsequential allegations of the challenged pleading the issues raised by this appeal are the same as those involved and decided in Hibbs v. City of Wichita, (No. 39,414) 176 Kan. 529, 271 P.2d 791, (this day decided). Therefore based on what is said and held in that decision the order and judgment herein is reversed and the cause is remanded with directions to sustain the demurrer to the amended petition.

It is so ordered.


Summaries of

Hibbs v. City of Wichita

Supreme Court of Kansas
Jun 12, 1954
271 P.2d 797 (Kan. 1954)
Case details for

Hibbs v. City of Wichita

Case Details

Full title:LOLA HIBBS, Appellee, v. CITY OF WICHITA, Appellant

Court:Supreme Court of Kansas

Date published: Jun 12, 1954

Citations

271 P.2d 797 (Kan. 1954)
271 P.2d 797