Category: Kansas Court Opinions

451 P.2d 215 FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF COFFEYVILLE, Coffeyville, Kansas, Appellee, v. BOBBY WAYNE MOULDS, Also Known as BOBBY W. MOULDS, LELA A. MOULDS, Appellants. No. 45,193Supreme Court of Kansas Opinion filed March 8, 1969. SYLLABUS BY THE COURT 1. COURTS — Invoking Supreme Court Jurisdiction — Dollar Limitation. The dollar limitation prescribed […]

79 P.3d 791 IN THE MATTER OF THE ESTATE OF SANDRA JO STEWARD, DECEASED. No. 90,209.Court of Appeals of Kansas. Opinion filed November 26, 2003. SYLLABUS BY THE COURT1. ESTATES — Payable on Death Accounts — Holding of Prior Kansas Case Excluding POD Accounts from Provisions of Probate Code Distinguished under Facts of Case. Snodgrass […]

508 P.2d 996 BETTY A. BRICKELL; CHESTER EUGENE DAHARSH; PATRICIA M. FINNEY; SHIRLEY J. JOHNSON; IMOGENE KEARNS; J. FRANK LANDWEHR; BERNARD A. LEE; and LEO RATHKE, Appellants, v. Board of Education of Unified School District No. 251, North Lyon County, Kansas; LAWRENCE PARKS, MAX DAVIS, CLINTON DAVIES, FRANKLIN MYERS, RONALD GROTHER, BEN PRICE, and MELVIN […]

579 P.2d 729 STATE OF KANSAS, Appellant, v. JERRY BROWN, Appellee. No. 49,774Court of Appeals of Kansas Opinion filed June 9, 1978 SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Search Warrant — Facts Required for Probable Cause. To support the issuance of a search warrant sufficient facts must be placed before the issuing […]

877 P.2d 961 STATE OF KANSAS, Appellee, v. JOHN McDANIEL, Appellant. No. 69,776Supreme Court of Kansas Opinion filed July 8, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Plea of Guilty or Nolo Contendere — Appeal From Denial of Motion to Withdraw Plea Allowed. K.S.A. 1993 Supp. 22-3602 does not preclude a defendant who […]

455 P.2d 546 CLARENCE D. BRANNUM, Appellant, v. SPRING LAKES COUNTRY CLUB, INC., and FIREMEN’S INSURANCE COMPANY, Appellees. No. 45,594Supreme Court of Kansas Opinion filed June 14, 1969. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Phrases Arising “Out of” and “In the Course of” — Separate Meanings. The two phrases, arising “out of” and […]

468 P.2d 251 JUNE M. WESTOVER, Appellant, v. DONNA SCHAFFER, Appellee. No. 45,584Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Sufficiency of Title of Bill — Liberal Construction. Article 2, section 16 of the Kansas constitution is an imperative mandate to the legislature commanding it that […]

413 P.2d 303 DR. ROBERT D. OSTLER, Appellee, v. B.A. NICKEL, R.D. WEAVERLING and J.C. RUST, constituting the Board of Examiners in Optometry of the State of Kansas, Appellant. No. 44,315Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT 1. INJUNCTION — Restraining Order or Temporary Injunction — Requirements Discussed and […]

243 P.2d 232 THE STATE OF KANSAS, ex rel., ROBERT H. MILLER, County Attorney of Miami County, Kansas, Appellee and Cross-appellant, v. LANE RURAL HIGH SCHOOL DISTRICT No. 9 JOINT OF MIAMI AND FRANKLIN COUNTIES, a pretended municipal corporation, et al., Appellants and Cross-appellees. No. 38,548Supreme Court of Kansas Opinion filed April 26, 1952. SYLLABUS […]

238 P.2d 553 J.H. SMITH, Appellee, v. THE KANSAS TRANSPORT CO., INC., Appellant. No. 38,378Supreme Court of Kansas Opinion filed December 8, 1951. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Motion for New Trial — Necessity for Motion. In the absence of a motion for new trial there can be no re-examination of […]

32 P.3d 1226 STATE OF KANSAS, Appellee, v. KAPELLE D. SIMPSON, Appellant. No. 85,497Court of Appeals of Kansas Opinion filed: October 5, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Waiver of Jury Trial — Trial Court Standards for Acceptance of Waiver. The trial court should not accept a waiver of the right to […]

308 P.2d 100 In re Estate of Audrey E. Johnson, Deceased, (JOSEPH B. CROWTHER, Administrator, et al., Appellees, v. ELLEN FRANCES BASSLER, Administratrix of the Estate of William B. Bassler, Deceased, Appellant.) JOSEPH B. CROWTHER, Administrator, Appellant, v. ELLEN FRANCES BASSLER, Administratrix of the Estate of William B. Bassler, Deceased, Appellee. Nos. 40,332, 40,530Supreme Court […]

427 P.2d 495 JOHN ALFRED WAGNER, Appellant, v. STATE OF KANSAS, Appellee. No. 44,835Supreme Court of Kansas Opinion filed May 13, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Plea of Guilty a Confession. In a proceeding initiated under the provisions of K.S.A. 60-1507 the record is examined […]

585 P.2d 620 DONALD O’NEAL GRIFFIN, Appellant, v. R.R. RAINES and RAYMOND E. MAYNARD, Appellees. No. 49,037Court of Appeals of Kansas Opinion filed October 27, 1978 Petition for review denied December 4, 1978. MEMORANDUM OPINION PRISONS — Disciplinary and Administrative Procedures of Prison Officials — Cruel and Unusual Punishment Claim. Appeal from Leavenworth district court, […]

360 P.2d 1061 ARTHUR LOVE and ROSE ANN LOVE, Appellees, v. HENRY LOVE, Appellant. No. 42,330Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT 1. HABEAS CORPUS — District Courts — No Jurisdiction Outside District. Under Art. 3, Sec. 6 of the Constitution of Kansas and our code of civil procedure […]

88 P.3d 242 SALINE COUNTY BOARD OF COUNTY COMMISSIONERS AND SALINE COUNTY APPRAISER, Appellants, v. RICHARD R. JENSEN AND SANDRA L. JENSEN, Appellees. No. 90,942.Court of Appeals of Kansas. Opinion filed April 23, 2004. Petition for review denied 278 Kan. 843 (2004). SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Kansas Board of Tax Appeals — […]

972 P.2d 747 HONG VAN NGUYEN, Appellant, v. IBP, INC., Appellee. No. 79,240Supreme Court of Kansas Opinion Filed January 22, 1999. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Review of Administrative Law Judge’s Orders and Awards by Workers Compensation Board. All workers compensation final orders, awards, modifications of awards, or preliminary awards under K.S.A. […]

518 P.2d 385 APPALACHIAN INSURANCE COMPANY OF PROVIDENCE, Appellant, v. JAMES R. BETTS, doing business as JAMES R. BETTS GRAIN COMPANY, and MERCHANTS BONDING COMPANY, Appellee. No. 47,017Supreme Court of Kansas Opinion filed January 26, 1973. SYLLABUS BY THE COURT 1. PARTIES — Real Party in Interest. Where an insurer has fully satisfied a claim […]

276 P.2d 355 ALSONETTE BEATTY, Appellant, v. FREETO CONSTRUCTION COMPANY, INC., a Corporation, Appellee. No. 39,471Supreme Court of Kansas Opinion filed November 13, 1954. SYLLABUS BY THE COURT TRIAL — Answers to Special Questions — Contributory Negligence — Judgment Non Obstante Veredicto. Where plaintiff sued for damages for personal injuries alleged to have resulted from […]

130 P.3d 569 ROGER KLEIN, Appellant, v. OPPENHEIMER Co., Inc., Appellee. No. 91,778.Supreme Court of Kansas. Opinion filed March 24, 2006. SYLLABUS BY THE COURT1. SECURITIES — Kansas Securities Act — Purpose of Act. The purpose of the Kansas Securities Act, K.S.A. 17-1252 et seq., is to place the traffic of promoting and dealing in […]

668 P.2d 139 JOHN H. JOHNSON and E. JOAN JOHNSON, Appellants, v. GENERAL MOTORS CORPORATION, CHEVROLET MOTOR DIVISION, Appellee. No. 54,964Supreme Court of Kansas Opinion filed August 4, 1983. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Buyer’s Remedies to Return Delivered Goods — Rejection or Revocation. Rejection and revocation are buyer’s remedies to […]

217 P.3d 42 STATE OF KANSAS, Appellee, v. VICKI L. JOHNSON, Appellant. No. 100,728.Court of Appeals of Kansas. Opinion filed October 9, 2009. SYLLABUS BY THE COURT1. SEARCH AND SEIZURE — Warrantless Search — Per se Unreasonable unless within Recognized Exception. Any warrantless search is per se unreasonable unless such search falls within one of […]

834 P.2d 335 STATE OF KANSAS, Appellee, v. JOE EVANS, Appellant. No. 66,492Supreme Court of Kansas Opinion filed May 22, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged, the standard of review on appeal is whether, after review of all […]

8 P.3d 12 MARTIN D. MULDROW, Appellee, v. ROBERT HANNIGAN, et al., Appellants. No. 83,286Court of Appeals of Kansas Opinion filed June 16, 2000. SYLLABUS BY THE COURT 1. PENAL INSTITUTIONS — Good Time Credits — Inmate’s Liberty Interest in Earned Good Time Credits. Good time credits already earned are a protected liberty interest because […]

433 P.2d 418 STATE OF KANSAS, Appellee, v. GARY M. COLTHARP, Appellant. No. 44,586Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sanity as Question for Jury. The question whether a defendant in a criminal action was sane or insane at the time of the commission of […]

33 P.3d 246 STATE OF KANSAS, Appellee, v. RANDY T. ARMSTRONG, Appellant. No. 85,644Court of Appeals of Kansas Opinion filed: September 21, 2001. SYLLABUS BY THE COURT CRIMINAL LAW — Persistent Sex Offender Statute — Statute Clarified and Applied. Under our persistent sex offender statute, a court may classify a defendant as a persistent sex […]

573 P.2d 1059 STATE OF KANSAS, Appellee, v. FORREST R. EDGINGTON, Appellant. No. 49,126Supreme Court of Kansas Opinion filed January 21, 1978. SYLLABUS BY THE COURT CRIMINAL LAW — Perjury — No Prior Jeopardy — In Camera Inspection of File — Instructions to Jury — Matters Not Raised in Trial Court. In a prosecution for […]

101 P.3d 740 STATE v. PERKINS. No. 91,578.Court of Appeals of Kansas December 10, 2004. Appeal from the Sedgwick. Decision without published opinion. Sentence vacated and case remanded with directions.

61 P.3d 101 KELLY A. CAVENDER, Claimant/Appellee, v. PIP PRINTING, INC., Respondent/Appellant, and DODSON INSURANCE GROUP, Insurance Carrier/Appellant. No. 88,472.Court of Appeals of Kansas. Opinion filed January 17, 2003. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Work Disability in Excess of Functional Impairment — Court of Appeals Opinion Applied to Facts. Copeland v. Johnson Group, […]

495 P.2d 930 MARGARET SEXSMITH, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee. AUDDIE WARREN, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee. HOME INSURANCE COMPANY, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee. COMMERCIAL UNION INSURANCE COMPANY, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee. RYDER TRUCK RENTAL, INC., Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee. No. 46,277Supreme […]

257 P.3d 792 STATE OF KANSAS, Appellee, v. JEFFREY LONG, Appellant. Nos. 103,969, 103,970, 103,999.Court of Appeals of Kansas. Opinion filed May 20, 2011. SYALLBUS BY THE COURT1. CRIMINAL LAW — Appointment of Counsel for Indigent Defendant — Assessment of Application Fee. The Board of Indigents’ Defense Services (BIDS) application fee statute, K.S.A. 22-4529, requires […]

516 P.2d 159 STATE OF KANSAS, Appellee, v. VELTON BELOTE, Appellant. No. 47,181Supreme Court of Kansas Opinion filed November 3, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sale of Narcotics — Admission of Exhibits into Evidence — Identity to be Proved. In a prosecution for sale of narcotics where exhibits are received in […]

601 P.2d 15 In the Interest of CLIFFORD EUGENE WHEELER and LESLIE ANN WHEELER, Minors. No. 50,135Court of Appeals of Kansas Opinion filed October 15, 1979 Petition for review denied December 5, 1979. SYLLABUS BY THE COURT PARENT AND CHILD — Severance — Unfitness of Single Parent. Where both parents of a dependent and neglected […]

585 P.2d 1024 STATE OF KANSAS, Appellee, v. THOMAS LEO McCORGARY, Appellant. No. 49,069Supreme Court of Kansas Opinion filed October 28, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Police Informer Placed in Cell with Defendant — Constitutional Rights of Defendant — Suppression of Evidence Volunteered by Defendant. Although state action in obtaining evidence […]

620 P.2d 348 DAISY DANIELS and PATRICIA L. FILANCIA, Appellants, v. JERRY CHAFFEE d/b/a CIRCLE “C” TRAINING CENTER, Appellee. No. 51,019Court of Appeals of Kansas Opinion filed December 5, 1980 Reversed 230 Kan. 32, 630 P.2d 1090 (1981). SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Default Judgment — Motion to Set Aside — […]

493 P.2d 244 DAVID THOMAS KOWALEC, Appellant, v. STATE OF KANSAS, Appellee. No. 46,438Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Sentence — No Substitute for Second Appeal. A proceeding brought under the provisions of K.S.A. 60-1507 which collaterally attacks a judgment of […]

995 P.2d 407 STATE OF KANSAS, Appellee, v. CEDRICK L. SMART, Appellant. No. 81,415Court of Appeals of Kansas Opinion filed: December 30, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prior Crimes Evidence — Admissibility — Appellate Review. In determining whether the trial court erred in admitting evidence of prior crimes of the defendant […]

644 P.2d 484 RALPH SCHULTZ, as natural father and next of kin of ERICH SCHULTZ, a minor, Plaintiff-Appellee, v. KANSAS GAS AND ELECTRIC COMPANY, Defendant-Appellant. No. 53,093Court of Appeals of Kansas Opinion filed May 6, 1982 SYLLABUS BY THE COURT 1. JURIES — Twelve Member Jury. A jury of twelve means twelve members who hear […]

356 P.2d 659 JOE WEBER, Minor, by W.H. WEBER, his Father, Natural Guardian and Next Friend, Plaintiff, Appellant, v. MARION L. WILSON, Defendant, Appellee. No. 41,717Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT AUTOMOBILES — Demurrer to Evidence — Motion for Directed Verdict — Negligence of Child — Jury Questioned. […]

772 P.2d 778 MICHAEL ALLEN HEINSON, Plaintiff-Appellee, v. PATTI PORTER, Defendant, and METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Garnishee-Appellant. Consolidated with: METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Plaintiff, v. PATTI PORTER, Defendant. No. 62,246Supreme Court of Kansas Opinion filed April 14, 1989. SYLLABUS BY THE COURT 1. INSURANCE — Declaratory Judgment Determination that Policy Does […]

822 P.2d 64 DAVID M. ARNOLD, Appellee, v. S.J.L. OF KANSAS CORP. f/k/a THE KANSAS STATE NETWORK, INC. Appellant. No. 66,058Supreme Court of Kansas Opinion filed December 6, 1991. SYLLABUS BY THE COURT 1. CONTRACTS — Construction. In placing a construction on a written instrument, reasonable rather than unreasonable interpretations are favored by the law. […]

913 P.2d 617 STATE OF KANSAS, Appellee, v. MICHAEL H. BOYLE, Appellant. No. 71,901Court of Appeals of Kansas Opinion filed February 2, 1996 SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. It is a fundamental rule of statutory construction, to which all others are subordinate, that the intent of the legislature governs […]

54 P.3d 974 STATE OF KANSAS, APPELLEE, v. PAUL J. LUTTIG, JR., APPELLANT. No. 87,331Court of Appeals of Kansas Opinion filed: October 4, 2002. Petition for review denied 275 Kan. 967 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When analyzing a trial court’s decision on a motion […]

370 P.2d 100 THE STATE OF KANSAS, Appellee, v. MYXON R. HARKNESS, Appellant. No. 42,840Supreme Court of Kansas Opinion filed April 7, 1962. SYLLABUS BY THE COURT AUTOMOBILES — Driving While License Suspended and Revoked — Admissibility of Evidence. In a misdemeanor prosecution defendant was charged with driving an automobile while his driver’s license was […]

13 P.3d 922 STATE OF KANSAS, Appellee, v. DAMON DEWAYNE STEEN, Appellant. No. 83,673Court of Appeals of Kansas Opinion filed December 1, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When the facts material to a motion to suppress evidence are not in dispute, the issue of whether […]

975 P.2d 1226 RON and MICHELLE WEINLOOD, Appellees, v. FISHER ASSOCIATES, INC., Appellant. No. 78,965Court of Appeals of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT 1. INSURANCE — Agency Relationship between Client and Independent Insurance Agent. An independent insurance agent who procures an insurance policy on behalf of a client acts as […]

362 P.2d 3 THOMAS MAYO CROSBY, Appellee, v. MARJORIE ROSEN CROSBY, Appellant. No. 42,262Supreme Court of Kansas Opinion filed May 13, 1961. SYLLABUS BY THE COURT DIVORCE — Division of Property Based on Postnuptial Agreement — Attorney Fees. The record, in this the second appearance in this court of a divorce action (See Crosby v. […]

979 P.2d 664 STATE OF KANSAS, Appellant, v. LILLIAN K. SNODGRASS, TORRE CONWAY, and HEALTHCARE ORGANIZATION PROMOTING EXCELLENCE, INC., Appellees. Nos. 81,173, 81,174Supreme Court of Kansas Opinion Filed April 16, 1999. SYLLABUS BY THE COURT 1. JURIES — Grand Jury — Function. A grand jury’s function is to inquire into crimes cognizable by it and, […]

681 P.2d 687 STATE OF KANSAS, Appellee, v. CARL S. HOLLINS, Appellant. No. 56,079Court of Appeals of Kansas Opinion filed May 24, 1984 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Pro Se Representation — Waiver of Right to Counsel. A defendant who clearly and unequivocally expresses a desire to proceed pro se has the […]

280 P.2d 937 LURA M. HENSHIE; MAUD LUPTON; NELLIE MAYBERRY; VERA SIMPSON; LULA M. NASH; L.E. NASH; MARJORIE SQUIRES; WILLIS N. NASH; DONALD NORRIS; G.H. NORRIS; VIRGINIA LEE SMITH; WIRT C. SALTHOUSE; GLADYS BOSTON; BERTHA C. HABERLEIN and MRS. JONAS ALMGREN, Appellants, v. THE McPHERSON AND CITIZENS STATE BANK, a Corporation, as Co-Executor of the […]

477 P.2d 940 STATE OF KANSAS, Appellee, v. KENNETH LEROY PIPER, Appellant. No. 45,495Supreme Court of Kansas Opinion filed December 12, 1970. SYLLABUS BY THE COURT 1. EMBEZZLEMENT — What Constitutes Embezzlement. The gist of the crime of embezzlement is the withholding of property with the intent to defraud the owner or to deprive him […]

657 P.2d 72 GLENN WEEMS, Appellee, v. BUILDEX, INC., Appellant. No. 53,934Court of Appeals of Kansas Opinion filed January 20, 1983 Petition for review denied 232 Kan. 876 (1983). MEMORANDUM OPINION ARBITRATION — Resolution of Employee Grievance — Collective Bargaining Agreement Interpreted — Appellate Review of Arbitrator’s Award. Appeal from McPherson District Court; CARL B. […]

797 P.2d 879 IN THE MATTER OF THE APPLICATION OF THE SMALL BUSINESS ADMINISTRATION FOR EXEMPTION FROM AD VALOREM TAXATION IN MEADE COUNTY, KANSAS. No. 64,447Court of Appeals of Kansas Opinion filed August 10, 1990 SYLLABUS BY THE COURT 1. TAXATION — Ad Valorem Tax — Exemption for Property Owned by United States. Absent a […]

636 P.2d 178 KENNETH I. SPEER, Plaintiff-Appellee, v. CITY OF DODGE CITY, KANSAS, a municipal corporation, and JAMES KEMPER, Defendants-Appellants. No. 52,271Court of Appeals of Kansas Opinion filed November 13, 1981 SYLLABUS BY THE COURT 1. CONVERSION — Intent and Knowledge Not Requirements for Proving Conversion. A conversion is an unauthorized assumption and exercise of […]

906 P.2d 172 TERRY ALIRES, Appellant, v. STATE OF KANSAS, Appellee. No. 72,827Court of Appeals of Kansas Opinion filed November 22, 1995 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Constitutional Issue — Failure to Raise Issue on Appeal — Exceptional Circumstance Such as Intervening Change in Law. An intervening change in the law […]

377 P.2d 179 ARLEY C. BROWNING, Petitioner, v. SHERMAN CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Respondent. No. 43,266Supreme Court of Kansas Opinion filed December 8, 1962. SYLLABUS BY THE COURT HABEAS CORPUS — Failure to Establish Grounds — Writ Denied. In an original proceeding in habeas corpus, the record is examined and considered and […]

887 P.2d 1119 MICHAEL SEDLAK, RICHARD D. WOODWORTH, and JOHN RATLIFF, Petitioners, v. JOE DICK, Secretary of Human Resources, and GEORGE GOMEZ, Director of Workers Compensation, Respondents. No. 70,792.Supreme Court of Kansas Opinion filed January 13, 1995. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Separation of Powers — Legislative Power May Not Be Delegated […]

992 P.2d 1241 VELMA M. HENRICHS, Executrix of the Estate of GERTRUDE W. HOENER, Deceased, Appellant, v. PEOPLES BANK, PRATT, KANSAS, Appellee. No. 79,084[1] Court of Appeals of Kansas Opinion filed March 19, 1999. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated […]

512 P.2d 449 STATE OF KANSAS, Appellee v. CHARLES TAYLOR, Appellant. No. 46,971Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Verdict — Effect of Surplusage. A verdict can be properly interpreted by reference to the information, to the court’s instructions and to the record; surplusage may […]

19 P.3d 188 AG SERVICES OF AMERICA, INC., Appellee, v. DeBRUCE GRAIN, INC., Appellant, and SHORE LTD.; STARLA SHORE; STEVEN SHORE, INC.; RANDALL R. SHORE; CARL DAVISON FARMS, INC.; HARTLESS FARMS, INC., Appellees. No. 85,274Court of Appeals of Kansas Opinion filed: February 9, 2001. Petition for review denied 271 Kan. 1035 (2001). SYLLABUS BY THE […]

532 P.2d 1064 THE STATE OF KANSAS, Appellee, v. MICHAEL E. BOYD, Appellant. No. 47,500Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Theory of Case Presented Under Proper Instructions — Evidence of Lesser Crime. The accused has the right to have his theory of the case […]

538 P.2d 689 STATE OF KANSAS, Appellant, v. BARRY A. SCHUR, Appellee. No. 47,796Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Warrantless Search — Issue of Probable Cause — Exceptions. Under the Fourth and Fourteenth Amendments to the United States Constitution, a search conducted without […]

628 P.2d 257 WILLIAM J. and VANDA G. NOHINEK, Plaintiffs-Appellants, v. JOHN D. LOGSDON, Defendant-Appellee. No. 52,210Court of Appeals of Kansas Opinion filed May 22, 1981 SYLLABUS BY THE COURT 1. STATUTES — Construction. A statute is not to be given an arbitrary construction according to the strict letter, but instead should be construed to […]

136 P.3d 484 ORVEY R. COUSATTE Administrator of the Estate of Imogene Collier, Appellant, v. VIOLA CAROLYN LUCAS, Appellee. No. 94,150.Court of Appeals of Kansas. Opinion filed June 9, 2006. SYLLABUS BY THE COURT1. JUDGMENTS — Res Judicata — Collateral Estoppel — Application — Appellate Review. Whether the doctrines of res judicata and collateral estoppel […]

516 P.2d 596 CITIES OF OBERLIN, STOCKTON, SAINT FRANCIS, SHARON SPRINGS, OAKLEY and COLBY, KANSAS, Municipal Corporations; CRA, INC.; CARGILL, INC.; DELORE DIVISION OF N.L. INDUSTRIES; WESTERN PLAINS IRRIGATION ASSOCIATION; and LADDER CREEK IRRIGATION ASSOCIATION, Appellants, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS; DALE E. SAFFELS, Chairman, JULES V. DOTY and VERNON A. […]

378 P.2d 66 L.F. CUSHENBERY, IRAL CUSHENBERY, and ARTHUR J. DOWLING, Appellants, v. PAUL R. SHANAHAN, Secretary of State of the State of Kansas, Appellee. No. 43,011Supreme Court of Kansas Opinion filed January 26, 1963. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Trading Stamps Statutes — Validity. The former decisions of this court and […]

671 P.2d 559 JOE ARNEY and FERRINE, INC., Appellees, v. DIRECTOR, KANSAS STATE PENITENTIARY, Appellant. No. 55,464Supreme Court of Kansas Opinion filed October 21, 1983. SYLLABUS BY THE COURT 1. MANDAMUS — Definition. K.S.A. 60-801 defines mandamus as a proceeding to compel some inferior court, tribunal, board, or some corporation or person to perform a […]

485 P.2d 209 STANLEY SPURRIER, JR., Executor of the Will of Frank L. Christopher, Deceased, Appellant, v. FIRST NATIONAL BANK OF WICHITA, Executor of the Will of Birdie M. Christopher, Deceased, Appellee. No. 46,211Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT TAXATION — Election to Take Under the Law — […]

968 P.2d 270 STATE FARM INSURANCE COMPANIES, Appellee, v. JAMES J. GERRITY and NOVA, INC., Defendants, and R.W., Appellant. No. 78,297Court of Appeals of Kansas Opinion filed November 20, 1998. Petition for review denied 267 Kan. 887 (1999) SYLLABUS BY THE COURT 1. INSURANCE — Construction of Undefined Words in Policy. Undefined words in insurance […]

282 P.2d 442 ERNEST DRENNAN, Appellant, v. H.O. CHALFANT, Appellee. No. 39,605Supreme Court of Kansas Opinion filed April 9, 1955. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Record in Appellate Court — Specification of Errors. Where an appellant does not specify as error the denial of his motion for a new trial, trial […]

123 P.3d 212 BRYANT v. STATE. No. 92,725.Court of Appeals of Kansas. December 2, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

58 P.3d 698 RICHARD SMITH, Appellee, v. ZACHARY A. RUSSELL, a minor, and CHUCK RUSSELL, his father and next friend, Defendants/Appellees, and EMC INSURANCE COMPANIES, Insurance Carrier/Appellant. No. 88,088Supreme Court of Kansas Opinion filed: December 6, 2002. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Frivolous Filing — Sanctions. A motion for K.S.A. 2001 Supp. […]

243 P.2d 1031 JOHN P. AHREND, Appellant, v. THE CITY OF KANSAS CITY, KANSAS, a Municipal Corporation, Appellee. No. 38,569Supreme Court of Kansas Opinion filed May 10, 1952. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Repair and Maintenance of Streets — Answer — Demurrer. In an action against a city for damages alleged to […]

602 P.2d 115 GERTRUDE ADAMS, Plaintiff-Appellee, v. DeVAUN C. ADAMS, Defendant-Appellant, BIRDIS WESTBROOK and HAROLD BARNES, Defendants. No. 49,887Court of Appeals of Kansas Opinion filed November 2, 1979 Petition for review denied January 29, 1980. SYLLABUS BY THE COURT 1. COURTS — Probate Court — Exclusive Original Jurisdiction. The exclusive original jurisdiction of the probate […]

630 P.2d 1107 SIDWELL OIL GAS CO., INC., Appellee, v. JOHN H. LOYD, Appellant, v. FORBES, et al.; Third Party Defendants. No. 51,440Supreme Court of Kansas Opinion filed July 17, 1981. SYLLABUS BY THE COURT 1. CONTRACTS — Binding Contract — Meeting of Minds. In order for parties to form a binding contract, there must […]

538 P.2d 725 JOHN DEAN, Appellant, v. SHERIFF OF LEAVENWORTH COUNTY and AGENTS OF THE STATE OF TEXAS, Appellees. No. 47,710Supreme Court of Kansas Opinion filed July 17, 1975. MEMORANDUM OPINION EXTRADITION — Fugitive from Justice — Statutory Requirements Met. Appeal from Leavenworth district court, division No. 1; KENNETH HARMON, judge. Opinion filed July 17, […]

251 P.3d 102 STATE OF KANSAS, Appellee, v. DOUGLAS S. PLUMMER, Appellant. No. 101,684.Court of Appeals of Kansas. Opinion filed April 15, 2011. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jury Instructions in Criminal Case — Failure of Trial Court to Give Defendant’s Requested Instruction — When Such Failure Constitutes Reversible Error — Appellate […]

626 P.2d 785 DANTE G. SCARPELLI, M.D., Appellee, v. NOLAN JONES, CHARLES K. LEE, ERNEST TURNER and CHARLES FLOYD, Appellants. No. 51,574Supreme Court of Kansas Opinion filed February 26, 1981. SYLLABUS BY THE COURT 1. LIBEL AND SLANDER — Public Figure — Actual Malice Must Be Proved. In a libel action, a plaintiff who is […]

280 P.2d 571 MILO YOUNG, Appellant, v. C.A. EDMONDSON, Warden, Kansas State Penitentiary, et al., Appellees. No. 39,691Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS BY THE COURT HABEAS CORPUS — Prisoner on Parole — Parole Violator Sentenced for New Crime — Jurisdiction Over Custody — Comity. In a proceeding for a writ […]

738 P.2d 852 JANICE MOORE, a/k/a JANICE K. MOORE, Appellee, v. R.Z. SIMS CHEVROLET-SUBARU, INC., and CHARLES L. KENT, a/k/a CLARK KENT, Appellants, and JAMES E. DAVIES and THE CENTRAL STATE BANK OF HUTCHINSON, Defendants. No. 59,184Supreme Court of Kansas Opinion filed June 12, 1987. SYLLABUS BY THE COURT 1. TORTS — Invasion of Privacy […]

89 P.3d 643 BENNY TITTERINGTON, DECEASED, Appellee, v. BROOKE INSURANCE, and CONTINENTAL WESTERN INSURANCE CO., Appellants. No. 90,975.Supreme Court of Kansas. Opinion filed May 14, 2004. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Appellate Review of Workers Compensation Board’s Decision — Review Limited to Questions of Law. In workers compensation cases, an appellate court only […]

845 P.2d 624 STATE OF KANSAS, Appellee, v. GLENN CAHILL, Appellant. No. 66,737Supreme Court of Kansas Opinion filed January 22, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rape. Nonconsensual sexual intercourse with any female human being, regardless of age, violates K.S.A. 21-3502(1). 2. SAME — Rape — Indecent Liberties with a Child May […]