Supreme Court of Kansas December 12, 1936, No. 33,081 (State v. Detwiler)

The opinion of the court was delivered by

Burch, C. J.:

The action was one by the state to recover motor-vehicle fuel tax. The state was uncertain whether the facts would disclose liability of V. L. Detwiler to pay the tax, or liability of W. T. Rouse, Jr., so the state sued both. At the close of the evidence, the state dismissed- as to Rouse.