Gardner v. Mcdowell

The opinion of the court was delivered by The heirs at law of Olive I. Allen filed this action against
the City of Kansas City, Kansas, Mayor Joseph H. McDowell and two
police officers to recover damages for wrongful death. Olive I.
Allen was shot and killed by the two officers in an attempt to
apprehend her at 4:30 a.m. on March 29, 1967. The plaintiffs
appeal from an order dismissing the action. The petition was filed June 30, 1967. On July 18 the defendants
filed both an answer and a motion. The motion was captioned
"Motion for Summary Judgment." The defendants moved the court to
enter judgment for defendants on the ground the pleadings showed
that they were entitled to judgment as a matter of law. On August
11 this motion was heard. No discovery proceedings had been
attempted by any of the parties and no affidavits were filed. The
court sustained the motion as to all defendants.