244 P.3d 1281 EUGENE WAYNE SNIDER, d/b/a WEST HEATING COOLING, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE CO., Appellee. No. 103,340.Court of Appeals of Kansas. Opinion filed January 7, 2011. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Attorney Fees — Appellate Review. Where a trial court has the authority to grant attorney fees, its decision […]
Category: Kansas Court Opinions
HATAWAY v. PROCTOR GAMBLE MANUFACTURING CO., 195 Kan. 335 (1965)
405 P.2d 350 TROY HATAWAY, Appellant, v. PROCTOR GAMBLE MANUFACTURING COMPANY, a Corporation, Appellee. No. 44,047Supreme Court of Kansas Opinion filed August 17, 1965. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Tort Action for Damages — Claimant Not an Employee Under Act. In an appeal by an employee of a construction company the record is […]
HECHT v. STEPHENS, 204 Kan. 559 (1970)
464 P.2d 258 GAIL L. HECHT and SABRINA MORLAN HECHT, Husband and Wife, Appellants, v. DON R. STEPHENS, Appellee. No. 45,527Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT 1. COVENANTS — Restrictive Covenant — When Injunctive Relief Granted — Judicial Discretion. Whether injunctive relief will be granted to restrain the […]
IN RE N.J.P., 35 Kan. App. 2d xiii (2006)
In re N.J.P. No. 94,344.Court of Appeals of Kansas. March 3, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
IN RE MARSOLF, 200 Kan. 128 (1967)
434 P.2d 1010 In the Matter of the Adoption of TERRY KAY MARSOLF, a Minor Child, GARY LEE WILEY and FREIDA MAE WILEY, Appellants and Cross Appellees, v. CAROLYN SUE MARSOLF CLAYTON, Appellee and Cross Appellant. No. 44,872Supreme Court of Kansas Opinion filed December 9, 1967. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — […]
RATZLAFF v. FRIEDEMAN SERVICE STORE, 200 Kan. 430 (1968)
436 P.2d 389 DEAN RATZLAFF, Appellant, v. FRIEDEMAN SERVICE STORE and CONNECTICUT FIRE INSURANCE COMPANY, Appellees. No. 45,070Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Modification of Prior Award — Separate and Distinct. An award under K.S.A. 44-528, modifying an earlier award of workmen’s compensation, is […]
IN RE MARRIAGE OF ROBERTSON, 32 Kan. App. 2d xxv (2004)
In re Marriage of Robertson. No. 91,280.Court of Appeals of Kansas. June 25, 2004. Appeal from the Franklin. Unpublished Opinions Affirmed.
McTIGUE v. RHYNE, 180 Kan. 8 (1956)
298 P.2d 228 JOHN JAMES McTIGUE, Appellant, v. ARDEN RHYNE, Sheriff of Leavenworth County, Appellee. No. 40,285Supreme Court of Kansas Opinion filed June 18, 1956. SYLLABUS BY THE COURT HABEAS CORPUS — Grounds — Writ Denied. The record examined in a proceeding for a writ of habeas corpus, and held, the petitioner is not entitled […]
STATE v. KEMP, 30 Kan. App. 2d 657 (2002)
46 P.3d 31 STATE OF KANSAS, Appellee, v. EUGENE A. KEMP, Appellant. No. 86,279Court of Appeals of Kansas Opinion filed: May 10, 2002. Petition for review denied 274 Kan. 1116 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Kidnapping or Kidnapping — Proof — taking or Confining of Victims Not Sufficiently Separate and […]
STAFFORD v. KARMANN, 2 Kan. App. 2d 248 (1978)
577 P.2d 836 ROBERT L. STAFFORD, Appellee, v. CHARLES A. KARMANN, Appellant. No. 49,276Court of Appeals of Kansas Opinion filed April 28, 1978 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Opinion Testimony — Lay Witness. Lay opinion regarding the speed of a vehicle is admissible under K.S.A. 60-456(a). 2. SAME — Opinion Testimony — […]
DALLAM v. HEDRICK, 16 Kan. App. 2d 258 (1990)
826 P.2d 511 JOHN P. DALLAM III, Appellee, v. LANCE D. HEDRICK and NANCY E. HEDRICK, Appellants. No. 64,332[1] Court of Appeals of Kansas Opinion filed July 27, 1990 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated April 3, 1991, pursuant to […]
IN RE ESTATE OF SCHWARZ, 197 Kan. 267 (1966)
416 P.2d 760 In the Matter of the Estate of Matilda Schwarz, Deceased. STATE DEPARTMENT OF SOCIAL WELFARE OF KANSAS, Appellee, v. HARRY SCHWARZ, Individually, as an Heir at Law and Sole Legatee and Devisee Under the Will of Matilda Schwarz, Deceased, Appellant. No. 44,396Supreme Court of Kansas Opinion filed July 14, 1966. SYLLABUS BY […]
DAUGHARTHY v. BENNETT, 207 Kan. 728 (1971)
486 P.2d 845 RAYMOND P. DAUGHARTHY, Appellee, v. DANA BENNETT, Appellant. No. 46,040Supreme Court of Kansas Opinion filed July 16, 1971. SYLLABUS BY THE COURT 1. AUTOMOBILES — Intersections — How Preferential Right-of-ways Indicated. Preferential right-of-ways at intersections are indicated in Kansas by “stop” signs or by “yield” signs as provided in K.S.A. 8-552 and […]
STATE v. HAYMAKER, 287 Kan. 767 (2009)
State v. Haymaker. No. 97,402.Supreme Court of Kansas. January 22, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
HARTMAN v. STUMBO, 195 Kan. 634 (1965)
408 P.2d 693 DORA M. HARTMAN, Appellant, v. WALTER G. STUMBO, Appellee. No. 44,229Supreme Court of Kansas Opinion filed December 11, 1965. SYLLABUS BY THE COURT 1. TRIAL — Summary Judgment — When Rendition Proper. The rendition of summary judgment under K.S.A. 60-256 (c) is proper if the pleadings, depositions and admissions on file show […]
STATE v. JOHNSON, 287 Kan. 767 (2009)
State v. Johnson. No. 98,898.Supreme Court of Kansas. January 22, 2009. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
STATE v. SHAFFER, 223 Kan. 244 (1977)
574 P.2d 205 STATE OF KANSAS, Appellee, v. RONALD G. SHAFFER, Appellant. No. 48,802Supreme Court of Kansas Opinion filed December 10, 1977. SYLLABUS BY THE COURT 1. HOMICIDE — Instruction on Death Proper. An instruction on definition of death pursuant to K.S.A. 1976 Supp. 77-202 is proper in a criminal homicide trial. 2. CRIMINAL LAW […]
STATE v. KIRKLAND, 23 Kan. App. 2d 530 (1997)
933 P.2d 160 STATE OF KANSAS, Appellee, v. HENRY GLENN KIRKLAND, Appellant. No. 74,899Court of Appeals of Kansas Opinion filed February 28, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Classification of Prior Juvenile Adjudications. K.S.A. 21-4711(d) is construed and applied. 2. SAME — “Dwelling” Defined. K.S.A. 21-3110(7) is construed and applied. […]
STATE v. EDWARDS, 221 Kan. 405 (1977)
559 P.2d 807 STATE OF KANSAS, Appellee, v. ALBERT G. EDWARDS, Appellant. No. 48,335Supreme Court of Kansas Opinion filed January 22, 1977. SYLLABUS BY THE COURT CRIMINAL LAW — Theft from Parking Meters — Motion to Dismiss Theft Charge — Suppressing Evidence Denied — Verdict Supported by Evidence. The record in a criminal appeal in […]
PHILLIPS PETROLEUM CO. v. BRADLEY, 205 Kan. 242 (1970)
468 P.2d 95 PHILLIPS PETROLEUM COMPANY, Appellee, v. ELLIS G. BRADLEY and LENORE K. BRADLEY, Appellants. No. 45,623Supreme Court of Kansas Opinion filed April 16, 1970. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Compensation — Lessee an Owner of Property. A tenant for years under a written lease is an `owner’ of property within […]
CLARK v. LARKIN, 172 Kan. 284 (1952)
239 P.2d 970 OPAL E. CLARK and BERNICE G. MUSSER, Appellees v. JOHN P. LARKIN, Appellant. No. 38,498Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT 1. FRAUDS, STATUTE OF — Contracts as to Realty — Where Writing Required. By the provisions of the statute of frauds (G.S. 1949, 33-106), no […]
STATE v. MARION, 29 Kan. App. 2d 287 (2001)
27 P.3d 924 STATE OF KANSAS, Appellee, v. KENNETH MARION, Appellant. No. 85,085Court of Appeals of Kansas Opinion filed: June 15, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Illegal Delivery or Possession of Simulated Controlled Substance. Under K.S.A. 2000 Supp. 65-4153(a)(1), it is a crime for any person to deliver, possess with intent […]
STATE v. BETTS, 283 Kan. 932 (2007)
State v. Betts. No. 94,794.Supreme Court of Kansas. February 13, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
KPERS v. REIMER KOGER ASSOCS., INC., 262 Kan. 110 (1997)
936 P.2d 714 KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Plaintiff, v. REIMER KOGER ASSOCIATES, INC., Defendant/Appellant/Cross-appellee, and GAGE TUCKER, L.C., Defendant/Appellee/Cross-appellant. No. 75,497Supreme Court of Kansas Opinion filed April 18, 1997. SYLLABUS BY THE COURT 1. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM — KPERS Settlement Statute — Discharge of Settling Party from Liability. The Kansas Public Employees […]
STATE FARM MUT. AUTO. INS. CO. v. KROEKER, 234 Kan. 636 (1984)
676 P.2d 66 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee, v. PEGGY KROEKER, Appellant. No. 55,177Supreme Court of Kansas Opinion filed January 13, 1984. SYLLABUS BY THE COURT 1. INSURANCE — Automobile Liability Coverage — Duplicative Recovery — Reimbursement of Insurer for PIP Benefits Paid. Under K.S.A. 40-3113a, the right of a PIP insurer to […]
STATE v. LEONARD, 248 Kan. 427 (1991)
807 P.2d 81 STATE OF KANSAS, Appellant, v. CARL EUGENE LEONARD, Appellee No. 64,846Supreme Court of Kansas Opinion filed March 1, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder — Underlying Felony. Under K.S.A. 1989 Supp. 21-3401, first-degree felony murder, the elements constituting the underlying felony must be so distinct from the […]
EDWARDS v. BOEING CO, 284 Kan. 945 (2007)
Edwards v. Boeing Co. No. 95,566.Supreme Court of Kansas. October 1, 2007. Appeal from the 37 Kan. App. 2d 469. Pettions For Review of Decisions of The Court of Appeals Denied.
DICK v. DRAINAGE DISTRICT No. 2, 187 Kan. 520 (1961)
358 P.2d 744 J.M. DICK and LENA DICK, Appellees, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant. ABRAHAM SIEMENS, Appellee, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant. ARNOLD A. RATZLAFF, Appellee, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO and McPHERSON COUNTIES, KANSAS, Appellant. […]
STATE v. BRANINE, 32 Kan. App. 2d xxxi (2004)
State v. Branine. No. 90,837.Court of Appeals of Kansas. July 23, 2004. Appeal from the Meade. Unpublished Opinions Affirmed.
RECTOR v. TATHAM, 38 Kan. App. 2d 933 (2008)
174 P.3d 445 MARY RECTOR, Appellant, v. CLIFFORD TATHAM, PATRICIA DISQUE, and RUTH STRICKLAND, Appellees. No. 97,725.Court of Appeals of Kansas. Opinion filed January 11, 2008. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Motion to Dismiss — Motion Based on Failure to State Claim for Relief — Determination of Motion from Facts in Plaintiff’s Petition. […]
STATE v. HICKSON, 91,071 (Kan.App. 1-14-2005)
103 P.3d 993 STATE v. HICKSON. No. 91,071.Court of Appeals of Kansas January 14, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed.
IN RE CARE TREATMENT OF COLT, 289 Kan. 234 (2009)
In the Matter of the Care and Treatment of JOHN COLT. No. 98,105.Supreme Court of Kansas. Opinion filed July 10, 2009. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Sexually Violent Predator — Commitment Hearing — Prior Crimes Evidence — Admissibility. Neither K.S.A. 60-455 nor State v. Gunby, 282 Kan. 39, 144 P.3d 647 (2006), governs […]
STATE v. SAIZ, 32 Kan. App. 2d xli (2004)
State v. Saiz. No. 90,486.Court of Appeals of Kansas. May 14, 2004. Appeal from the Sedgwick. Unpublished Opinions Reversed.
IN RE PARADE OF TOYS LITIGATION, 278 Kan. 845 (2004)
IN RE PARADE OF TOYS LITIGATION. No. 90,082.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
LEWIS v. WANAMAKER BAPTIST CHURCH, 10 Kan. App. 2d 99 (1984)
692 P.2d 397 WAYNE LEWIS, d/b/a LEWIS EXCAVATION, Appellant, v. WANAMAKER BAPTIST CHURCH, Appellee. No. 56,233Court of Appeals of Kansas Opinion filed December 20, 1984 SYLLABUS BY THE COURT MECHANIC’S LIEN — Verification of Lien Statement — Qualified Verification Insufficient to Validate Lien. A verification of a lien statement filed pursuant to K.S.A. 60-1102 which […]
ROBINSON v. STATE, 209 Kan. 667 (1972)
498 P.2d 35 B.J. ROBINSON, Appellant, v. STATE OF KANSAS, Appellee. No. 46,611Supreme Court of Kansas Opinion filed June 10, 1972. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate — Successive Motions. The record is examined in an appeal from a judgment overruling a successive motion for relief filed under K.S.A. 60-1507 and […]
STATE v. TAYLOR, 277 Kan. 927 (2004)
STATE v. TAYLOR. No. 88,560.Supreme Court of Kansas. March 30, 2004. Reported below Unpublished. Petition for review denied.
KENYON v. KANSAS POWER LIGHT CO., 17 Kan. App. 2d 205 (1992)
836 P.2d 1193 MARTY LOUIS KENYON, Appellant, v. KANSAS POWER LIGHT COMPANY d/b/a KPL GAS SERVICE COMPANY, Appellee. No. 67,027Court of Appeals of Kansas Opinion filed July 10, 1992 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Acquiescence in Judgment — Burden of Proof — Adequacy of Record — Appellate Review. A party seeking […]
GLENN v. FLEMING, 247 Kan. 296 (1990)
799 P.2d 79 EVERETT GLENN, Appellant, v. DALE FLEMING, Defendant, and AETNA CASUALTY SURETY COMPANY, Appellee, v. RANDALL WELLER, Defendant. No. 63,230[1] Supreme Court of Kansas Opinion filed September 28, 1990. [1] REPORTER’S NOTE: This case was argued by the parties and decided in conference by the Supreme Court prior to the retirement of Chief […]
STATE v. SMITH, 173 Kan. 807 (1953)
252 P.2d 917 THE STATE OF KANSAS, Appellee, v. ALVIN LEROY SMITH, Appellant. No. 38,790Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT ARSON — Continuance — Evidence — Instructions and Rulings. In a prosecution for the offense of arson, the record is examined, and it is held: The court did […]
STEVENS v. STATE CORPORATION COMMISSION, 185 Kan. 190 (1959)
341 P.2d 1021 CROSBY STEVENS, J. CLAIR STEVENS, J. CLAIR STEVENS, Administrator of the Estate of Gene Stevens, Deceased, Appellees, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant. WALTER KUHN, N. APPLEMAN, TREES OIL COMPANY, H.E. ZOLLER, G.J. NEUNER, HOWARD KUHN and L.O. STANLEY, Appellees, v. STATE CORPORATION COMMISSION OF THE STATE OF […]
STATE v. PARKER, 177 Kan. 39 (1954)
276 P.2d 317 STATE OF KANSAS, Appellee, v. CLAUDE PARKER, Appellant. No. 39,422Supreme Court of Kansas Opinion filed November 13, 1954. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Refusal to Give Requested Instructions. Error may not be predicated on refusal to give requested instructions when it appears that those given contain the substance of […]
IN RE JOHNSON, 227 Kan. 478 (1980)
608 P.2d 1012 IN THE MATTER OF THE COMPLAINTS AGAINST LEO N. JOHNSON. No. 50,708 Bar Docket No. 5860Supreme Court of Kansas March 24, 1980 ORDER OF SUSPENSION ON this 24th day of March, 1980, at 1:30 p.m., this matter comes before the court on an order issued to Leo N. Johnson to appear and […]
STATE v. LUTTIG, 275 Kan. 967 (2002)
STATE v. LUTTIG. No. 87,331.Supreme Court of Kansas December 17, 2002. Reported below 30 Kan. App. 2d 1125. Petition for review denied.
STATE v. SMITH, 36 Kan. App. 2d xxiv (2006)
State v. Smith. No. 93,189.Court of Appeals of Kansas. July 21, 2006. Appeal from the Pottawatomie. Unpublished Opinions Reversed; remanded.
BOARD OF PARK COMMISSIONERS v. FITCH, 184 Kan. 508 (1959)
337 P.2d 1034 THE BOARD OF PARK COMMISSIONERS OF THE CITY OF WICHITA, KANSAS, Appellant, v. HANFORD M. FITCH and LEAVENA FITCH, Appellees and Cross-Appellants. No. 41,270Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT 1. TRIAL — Motion to Strike Testimony — Sufficiency of Objections. A trial court did not […]
IN RE BOEHM, 226 Kan. 247 (1979)
596 P.2d 1242 IN THE INTEREST OF BRANDON EXUM BOEHM, a minor under 18 years of age. CHARLES BOARDMAN, Petitioner-Appellant, v. CARMEN BOARDMAN BOEHM and TOM BOEHM, Appellees. No. 49,803Supreme Court of Kansas Opinion filed July 14, 1979. SYLLABUS BY THE COURT 1. TRIAL — Costs — Assessment of Costs to Litigant — Statutory Authority. […]
STATE v. CORDELL, 280 Kan. 986 (2005)
State v. Cordell. No. 92,802.Supreme Court of Kansas. September 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Granted.
ROTHGEB v. MEIER, 192 Kan. 737 (1964)
391 P.2d 45 PHYLLIS N. ROTHGEB, Appellant, v. HENRY H. MEIER, Appellee. No. 43,547Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT AUTOMOBILES — Petition — Amended Petition — Amplifying Allegations — Statute of Limitations. In an action for damages arising out of an automobile collision the record is examined and, […]
DAY v. LESSLEY, 284 Kan. 945 (2007)
Day v. Lessley. No. 96,034.Supreme Court of Kansas. September 27, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STATE v. SAGE, 32 Kan. App. 2d xli (2004)
State v. Sage. No. 91,497.Court of Appeals of Kansas. September 10, 2004. Appeal from the Lyon. Unpublished Opinions Affirmed.
CARLMAN v. SHIELDS DRILLING CO., 3 Kan. App. 2d 282 (1979)
593 P.2d 1013 CARL CARLMAN, DECEASED, Appellant, v. SHIELDS DRILLING CO., INC. and TRAVELERS INSURANCE CO., Appellees. No. 49,907Court of Appeals of Kansas Opinion filed April 27, 1979 SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Appellate Review of District Court — Notice of Appeal Time Requirement. In a workers’ compensation proceeding, a notice of […]
STATE v. SMOLIN, 221 Kan. 149 (1976)
557 P.2d 1241 STATE OF KANSAS, Appellee, v. MARGARET A. SMOLIN, Appellant. No. 48,313Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aiding and Abetting — Effect. One who counsels, aids or abets in the commission of any offense may be charged, tried and convicted in the […]
STATE v. LOPEZ, 281 Kan. 1380 (2006)
State v. Lopez. No. 93,253.Supreme Court of Kansas. March 28, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
MALTBY v. SUMNER, 169 Kan. 417 (1950)
219 P.2d 395 D.R. MALTBY, ARTHUR RAYMOND MALTBY and HAROLD L. MALTBY, Appellants, v. MARY KATHLEEN SUMNER and MILTON T. SUMNER, Appellees. No. 37,900Supreme Court of Kansas Opinion filed June 10, 1950. SYLLABUS BY THE COURT 1. CONTRACTS — Construction — Province of Court. The interpretation of a written instrument is a judicial function. 2. […]
IN RE ALBIN, 267 Kan. 451 (1999)
982 P.2d 385 In the Matter of BARRY G. ALBIN, Respondent. No. 82,366Supreme Court of Kansas Opinion Filed May 28, 1999. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed May 28, 1999. Published censure. Frank D. Diehl, deputy disciplinary administrator, argued the cause and […]
STATE v. HERNANDEZ, 36 Kan. App. 2d xxi (2006)
State v. Hernandez. No. 94,167.Court of Appeals of Kansas. June 30, 2006. Appeal from the Osage. Unpublished Opinions Affirmed.
STATE v. PERRY, 266 Kan. 224 (1998)
968 P.2d 674 STATE OF KANSAS, Appellee, v. LEROY L. PERRY, Appellant. No. 78,139Supreme Court of Kansas Opinion filed November 13, 1998. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Trial — Defendant’s Waiver of Right to Trial by Jury. The defendant and prosecuting attorney, with the consent of the court, may submit the […]
STATE v. CANNON, 280 Kan. 985 (2005)
State v. Cannon. No. 92,583.Supreme Court of Kansas. December 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
POLSTON v. READY MADE HOMES, 171 Kan. 336 (1951)
232 P.2d 446 JAMES K. POLSTON, Appellee, v. READY MADE HOMES, INC., and WEST AMERICAN INSURANCE COMPANY, Appellants. No. 38,355Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Loss of Eye — Previous Disability Coupled with Injury Causing Permanent Disability — Medical Treatment. Examining the record in a […]
IN RE SHELTON, 274 Kan. 374 (2002)
49 P.3d 10 In the Matter of JACK M. N. SHELTON, Respondent. No. 88,458Supreme Court of Kansas Opinion filed: July 12, 2002. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed July 12, 2002. Indefinite suspension. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on the formal complaint for petitioner. Jack M. […]
STATE v. DONESAY, 265 Kan. 60 (1998)
959 P.2d 862 STATE OF KANSAS, Appellee, v. SAKONE MEL DONESAY, Appellant. No. 77,558Supreme Court of Kansas Opinion filed May 29, 1998 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession — Voluntariness of Confession — Admissibility — Appellate Review. When a trial court conducts a full pretrial hearing on the admissibility of an extrajudicial […]
SCHOLFIELD AUTO PLAZA v. CARGANZA, INC., 26 Kan. App. 2d 104 (1999)
979 P.2d 144 SCHOLFIELD AUTO PLAZA, L.L.C., Appellee, v. CARGANZA, INC., Appellant. No. 78,289Court of Appeals of Kansas Opinion Filed April 30, 1999. SYLLABUS BY THE COURT 1. TRADEMARKS AND SERVICE MARKS — Federal Action for Infringement of Unregistered Mark — Commn-law Tort of Unfair Competition — Proof under Either Theory. Section 43(a) of the […]
KANSAS CITY TERMINAL RAILWAY CO. v. CITY OF KANSAS CITY, 173 Kan. 473 (1952)
249 P.2d 671 KANSAS CITY TERMINAL RAILWAY COMPANY, a corporation, Appellant, v. CITY OF KANSAS CITY, KANSAS, a municipal corporation; CLARK E. TUCKER, FRANCIS W. BLAKE and EDWARD W. BECKER, members of and constituting the board of commissioners of said city, Appellees. UNION PACIFIC RAILROAD COMPANY, a corporation, Appellant, v. CITY OF KANSAS CITY, KANSAS, […]
IN RE KEITHLEY, 252 Kan. 1053 (1993)
850 P.2d 227 In the Matter of RICHARD E. KEITHLEY, Respondent. No. 68,626Supreme Court of Kansas Opinion filed April 16, 1993. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed April 16, 1993. Disbarment. Bruce E. Miller, disciplinary administrator, argued the cause and was on the […]
STATE v. COIN, 189 Kan. 108 (1962)
368 P.2d 43 THE STATE OF KANSAS, Appellee, v. HENRY CLAY COIN, Appellant. No. 42,086Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT CRIMINAL LAW — Burglary and Larceny — New Trial Denied. In an appeal from a conviction of burglary and larceny in connection therewith, the record is examined and […]
CITY OF OTTAWA v. LESTER, 16 Kan. App. 2d 244 (1991)
822 P.2d 72 CITY OF OTTAWA, Appellee, v. STEVEN L. LESTER, Appellant. No. 66,614Court of Appeals of Kansas Opinion filed November 27, 1991 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Moot Issue — Dismissal of Appeal. An appeal will not be dismissed as moot unless it clearly and convincingly appears the actual controversy […]
STATE v. YURK, 230 Kan. 516 (1982)
638 P.2d 921 STATE OF KANSAS, Appellee, v. FRANKLIN YURK, Appellant. No. 53,048Supreme Court of Kansas Opinion filed January 15, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Witness’ Credibility Attacked — Rehabilitation of Witness Through Prior Consistent Statements. Where a witness has been impeached or his credibility as a witness has been attacked, […]
STATE v. COOPER, 32 Kan. App. 2d xxxiii (2003)
State v. Cooper. No. 90,492.Court of Appeals of Kansas. December 24, 2003. Appeal from the Lyon. Unpublished Opinions Affirmed.
NEW HAMPSHIRE INS. CO. v. KANSAS POWER LIGHT CO., 212 Kan. 456 (1973)
510 P.2d 1194 NEW HAMPSHIRE INSURANCE COMPANY and AMERICAN CENTRAL INSURANCE COMPANY, Appellants, v. KANSAS POWER LIGHT COMPANY, Appellee. No. 46,981Supreme Court of Kansas Opinion filed June 9, 1973. MEMORANDUM OPINION INSURANCE — Loss by Fire — Insurance Policy Not Required to Be Offered in Evidence — Right of Subrogation. Appeal from Dickinson district court, […]
IRVIN v. SMITH, 272 Kan. 112 (2001)
31 P.3d 934 ASHLEY IRVIN, a Minor Child, by and through her Parents and Legal Guardians, DAVID IRVIN and KIM IRVIN, and DAVID IRVIN and KIM IRVIN, Individually, Appellants/Cross-appellees, v. LINDALL E. SMITH, M.D., Appellee/Cross-appellant, and RICHARD C. GILMARTIN, M.D., Appellee. No. 85,063Supreme Court of Kansas Opinion filed: September 21, 2001. SYLLABUS BY THE COURT […]
STATE v. VINCENT, 36 Kan. App. 2d xxv (2006)
State v. Vincent. No. 95,333.Court of Appeals of Kansas. December 15, 2006. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
KNUTSON v. CLARK, 169 Kan. 205 (1950)
217 P.2d 1067 BELLE KNUTSON, et al., Plaintiffs, v. MELVIN D. CLARK, et al., Defendants, CARL S. KNUTSON, Appellant, TERRIS O. KNUTSON and JOHN S. KNUTSON, Appellees. No. 37,856Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT 1. PARTITION — Claim for Expenditures for Improvements. In an action to partition real […]
TALLEY v. STATE, 222 Kan. 289 (1977)
564 P.2d 504 ABRAHAM TALLEY, Petitioner, v. STATE OF KANSAS, Respondent. No. 48,190Supreme Court of Kansas Opinion filed May 14, 1977. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Criminal Law — Alibi Evidence — Reciprocal Discovery Rights. The due process clause of the Fourteenth Amendment forbids enforcement of a state statute requiring that a […]
CITY OF EUDORA v. FRENCH, 204 Kan. 258 (1969)
461 P.2d 762 CITY OF EUDORA, KANSAS, a Municipal Corporation, Appellant, v. LOUIS C. FRENCH and EDITH FRENCH, Appellees. No. 45,479Supreme Court of Kansas Opinion filed December 6, 1969. SYLLABUS BY THE COURT 1. TOWNS AND TOWNSITES — Power to Vacate. It is within the province of the Legislature to vacate existing townsites either expressly […]
STATE v. CHUNING, 199 Kan. 215 (1967)
428 P.2d 843 STATE OF KANSAS, Appellee, v. RUDY V. CHUNING, Appellant. No. 44,712Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Speedy Trial — Delay Caused by Defendant’s Absence From State. In a criminal action the constitutional rights of a defendant to a speedy trial are […]
STATE v. FARIAS, 93,312 (Kan.App. 12-23-2005)
124 P.3d 1083 STATE v. FARIAS. No. 93,312.Court of Appeals of Kansas. December 23, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.
SMITH v. BLACKWELL, 14 Kan. App. 2d 158 (1989)
791 P.2d 1343 CHARLENE SMITH, Plaintiff/Appellant, v. SHERRIE BLACKWELL, Defendant, and FARMERS INSURANCE COMPANY, Garnishee/Appellee. No. 63,280[1] Court of Appeals of Kansas Opinion filed November 17, 1989 Petition for review denied 246 Kan. 769 (1990). [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order […]
STATE v. WAHWEOTTEN, 36 Kan. App. 2d 568 (2006)
143 P.3d 58 STATE OF KANSAS, Appellee, v. LARRY G. WAHWEOTTEN, Appellant. No. 94,523.Court of Appeals of Kansas. Opinion filed September 15, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Refusal to Submit to Preliminary Breath Test — Admissibility of Evidence of Refusal to Prove Misdemeanor Offense. Evidence of a defendant’s preliminary breath test refusal […]
MILLS v. STATE, 286 Kan. 1179 (2008)
Mills v. State. No. 97,587.Supreme Court of Kansas. September 24, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
STATE v. RADER, 256 Kan. 364 (1994)
885 P.2d 1222 STATE OF KANSAS, Appellee, v. BILLY DEAN RADER, Appellant. No. 69,573.Supreme Court of Kansas Opinion filed December 9, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offense Instructions. K.S.A. 21-3107(3) provides that in cases where the crime charged may include some lesser crime, it is the […]
CONTINENTAL WESTERN INS. CO. v. CLAY, 248 Kan. 889 (1991)
811 P.2d 1202 CONTINENTAL WESTERN INSURANCE COMPANY, Appellant, v. MARK D. CLAY, MICHAEL D. JOHNSON, and MID-CENTURY INSURANCE COMPANY, Appellees. No. 65,476Supreme Court of Kansas Opinion filed May 24, 1991. SYLLABUS BY THE COURT 1. INSURANCE — Motor Vehicle Liability Policy Cancellation by Insurer. K.S.A. 1990 Supp. 40-3118 (b) is a part of the Kansas […]
STATE v. RANDOLPH, 35 Kan. App. 2d xix (2006)
State v. Randolph. No. 92,329.Court of Appeals of Kansas. March 24, 2006. Appeal from the McPherson. Unpublished Opinions Affirmed.
STATE v. CONLEY, 6 Kan. App. 2d 280 (1981)
627 P.2d 1174 STATE OF KANSAS, Appellee, v. MICHAEL MONROE CONLEY, Appellant. No. 52,145Court of Appeals of Kansas Opinion filed May 8, 1981 Petition for review denied 229 Kan. 671. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Gruesome Photographs — Admissibility. Pictures that are relevant and material to the matters in issue are not […]
BUCHANAN v. KANSAS DEPT. OF REVENUE, 14 Kan. App. 2d 169 (1989)
788 P.2d 285 MICHAEL BUCHANAN, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 63,549[1] Court of Appeals of Kansas Opinion filed December 29, 1989 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated January 29, 1990, pursuant to Rule 7.04 (1989 Kan. Ct. […]
HOLLOWAY v. STATE, 284 Kan. 945 (2007)
Holloway v. State. No. 96,201.Supreme Court of Kansas. September 27, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
CUTLER v. SOSINSKI, 280 Kan. 981 (2006)
Cutler v. Sosinski. No. 94,092.Supreme Court of Kansas. February 14, 2006. Appeal from the 34 Kan. App. 2d 647. Petitions for Review of Decisions of the Court of Appeals Denied.
ROBINSON v. STATE, 280 Kan. 984 (2005)
Robinson v. State. No. 92,315.Supreme Court of Kansas. September 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
MESSENGER v. SAGE DRILLING CO., 9 Kan. App. 2d 435 (1984)
680 P.2d 556 GARY EDWARD MESSENGER, Deceased, Appellee, v. SAGE DRILLING COMPANY and HARTFORD ACCIDENT AND INDEMNITY, Appellants. No. 55,889Court of Appeals of Kansas Opinion filed May 3, 1984 Petition for review denied 235 Kan. 1042. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — “Going and Coming” Rule. K.S.A. 1983 Supp. 44-508(f) is a codification […]
STATE v. HOLLOWAY, 280 Kan. 987 (2005)
State v. Holloway. No. 91,703.Supreme Court of Kansas. September 29, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. GLYNN, 284 Kan. 948 (2007)
State v. Glynn. No. 93,124.Supreme Court of Kansas. October 1, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STATE v. YOWELL, 184 Kan. 352 (1959)
336 P.2d 841 THE STATE OF KANSAS, Appellee, v. ERNEST L. YOWELL, Appellant. No. 41,280Supreme Court of Kansas Opinion filed March 7, 1959. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Defects Unobjected to Waived. Complaints relating to formal defects in an information are waived in a criminal action by failure to object thereto […]
LYON v. HARDEE’S FOOD SYSTEMS, INC., 250 Kan. 43 (1992)
824 P.2d 198 CAROL LYON, Appellee, v. HARDEE’S FOOD SYSTEMS, INC., Appellant. No. 65,807Supreme Court of Kansas Opinion filed January 17, 1992. SYLLABUS BY THE COURT 1. TORTS — Slip and Fall Action — “Slight Defect Rule” — Sufficiency of Defect to Establish Actionable Negligence. Under the “slight defect rule,” a slight irregularity in a […]
HATFIELD v. STATE, 32 Kan. App. 2d xxii (2004)
Hatfield v. State. No. 90,480.Court of Appeals of Kansas. July 23, 2004. Appeal from the Saline. Unpublished Opinions Affirmed.
STATE v. DIXON, 248 Kan. 776 (1991)
811 P.2d 1153 STATE OF KANSAS, Appellee, v. CAIN DIXON, JR., Appellant. No. 65,045Supreme Court of Kansas Opinion filed May 24, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offense — Trial Court’s Duty to Instruct on Lesser Included Offenses. A trial court has the affirmative duty to instruct […]
KANSAS DEPT. OF REVENUE v. POWELL, 290 Kan. 564 (2010)
KANSAS DEPARTMENT OF REVENUE, Appellant, v. JILL POWELL, Appellee. No. 99,491.Supreme Court of Kansas. Opinion filed June 4, 2010. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Appellate Court Review of Agency Action. Under the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions (KJRA), K.S.A. 77-601 et seq., an appellate court exercises the […]
STATE v. WILLIAMS, 92,591 (Kan.App. 10-28-2005)
121 P.3d 1003 STATE v. WILLIAMS. Nos. 92,591, 92,694.Court of Appeals of Kansas. October 28, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.
IN RE CONWELL, 275 Kan. 902 (2003)
69 P.3d 589 In the Matter of GARY L. CONWELL, Respondent. No. 89,829.Supreme Court of Kansas Opinion filed May 30, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — Two years’ Supervised Probation. Original proceeding in discipline. Opinion filed May 30, 2003. Two-year supervised probation. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and Stanton […]
JACKSON v. UNIFIED SCHOOL DISTRICT 259, 26 Kan. App. 2d 111 (1999)
979 P.2d 151 LARRY JACKSON, JR., a minor by and through his Mother, Natural Guardian and Next Friend VIRGIE ESSIEN, and VIRGIE ESSIEN, Individually, Appellants, v. UNIFIED SCHOOL DISTRICT 259, SEDGWICK COUNTY, KANSAS, Appellee. No. 79,524Court of Appeals of Kansas Opinion Filed April 30, 1999. SYLLABUS BY THE COURT 1. TORTS — Kansas Tort Claims […]
KANSAS CITY SOUTHERN RLY. CO v. BOARD OF COUNTY COMM’RS, 183 Kan. 675 (1958)
331 P.2d 899 KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CHEROKEE COUNTY, et al., Appellees. KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CHEROKEE COUNTY, et al., Appellees. MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CHEROKEE COUNTY, et al., Appellees. Nos. 41,121, […]