Category: Kansas Court Opinions

556 P.2d 394 LEON STOPPEL, F.C. BRUNGARDT and TWILA BRUNGARDT, Appellees, v. C.R. MASTIN, Appellant. No. 48,071Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — Planting Crop That Could Not Be Harvested — Crop Not Maturing Until After Expiration of Lease. A tenant is not entitled […]

400 P.2d 968 THE STATE OF KANSAS, Appellee, v. MARVIN J. IGO, Appellant. No. 43,938Supreme Court of Kansas Opinion filed April 10, 1965. SYLLABUS BY THE COURT CRIMINAL LAW — Remarks Not Prejudicial — Habitual Criminal Act — Correction of Journal Entry. The record on appeal is examined and it is held: (1) The defendant […]

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 […]

845 P.2d 676 UNIFIED SCHOOL DISTRICT No. 380, MARSHALL COUNTY, KANSAS, Appellee, v. DWIGHT E. McMILLEN, Appellant. No. 68,220Supreme Court of Kansas Opinion filed January 22, 1993. SYLLABUS BY THE COURT 1. SCHOOLS — Nonrenewal of Teacher’s Contract — Right to Appeal Hearing Committee Decision — School Board Aggrieved Party. In an action pursuant to […]

905 P.2d 678 JOSEPH O. HAWKINS, Plaintiff/Appellee, v. CHRISTIAN DENNIS, Defendant, and KANSAS FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Defendant/Appellant. No. 70,392Supreme Court of Kansas Opinion filed October 27, 1995. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Discovery — Failure to Answer Interrogatories — Sanctions — Trial Court Discretion — Appellate Review. The imposition […]

576 P.2d 602 ELVA G. BRINSON, Petitioner, Appellee and Cross-Appellant, v. SCHOOL DISTRICT # 431, Respondent, Appellant. No. 48,428Supreme Court of Kansas Opinion filed February 25, 1978. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appeal Statutory Right — Legislative Limitations. The right to an appeal in this state is neither a vested nor […]

381 P.2d 360 HENRY F. HERMESCH and ANTIONETTE F. HERMESCH, Next of Kin of Robert J. Hermesch, Appellees, v. LYNN V. HAVERKAMP, a minor and LAWRENCE HAVERKAMP (Lawrence Haverkamp), Appellant. No. 43,206Supreme Court of Kansas Opinion filed May 11, 1963. SYLLABUS BY THE COURT JUDGMENTS — Voluntary Acquiescence — Waivers of Review. In an appeal […]

749 P.2d 46 SHARON K. DENNO, Appellee, v. RONALD DENNO, Appellant. No. 60,406Court of Appeals of Kansas Opinion filed January 29, 1988 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Notice of Appeal — Notice Premature When Filed before Journal Entry of Judgment. A notice of appeal filed after the district court’s announcement of its […]

900 P.2d 254 STATE OF KANSAS, Appellee, v. TAD J. LANDON, Appellant. No. 72,400Court of Appeals of Kansas Opinion filed August 11, 1995 Petition for review denied 258 Kan. 861 (1995). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Determination of Criminal History — Burglary Conviction as Person Crime — Designation Proper Even […]

519 P.2d 750 STATE OF KANSAS, Petitioner, v. JIMMIE H. DICKENS, Respondent. No. 47,122Supreme Court of Kansas Opinion filed March 2, 1974. ORIGINAL PROCEEDINGS IN DISCIPLINE Opinion filed March 2, 1974. Judgment for petitioner. Curt Schneider, Assistant Attorney General, argued the cause, and Vern Miller, Attorney General, was with him on the brief for the […]

941 P.2d 390 KANSAS PIPELINE PARTNERSHIP, Petitioner/Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent/Appellee, and WESTERN RESOURCES, INC., WILLIAMS NATURAL GAS COMPANY, and CITIZENS UTILITY RATEPAYER BOARD, Intervenors/Appellees. No. 78,523Court of Appeals of Kansas Opinion filed June 20, 1997. SYLLABUS BY THE COURT 1. KANSAS CORPORATION COMMISSION — Appellate Review of […]

597 P.2d 672 STATE OF KANSAS, Appellant, v. CHARLENE F. RANDOL, Appellee. No. 50,820Supreme Court of Kansas Opinion filed July 14, 1979. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Rules of Construction. Rules of construction when a statute is attacked as unconstitutional stated and applied. 2. CRIMINAL LAW — Vehicular Homicide. The terms […]

9 P.3d 551 ELIZABETH GERALDINE DALMASSO, Appellant, v. JEAN-LUC DALMASSO, Appellee. No. 83,895Supreme Court of Kansas Opinion filed July 14, 2000. SYLLABUS BY THE COURT 1. PARENT AND CHILD — International Child Abduction — International Treaty and Federal Act Provided fro Return of Child to Habitual Residence. The Hague Convention on the Civil Aspects of […]

518 P.2d 470 BROOKOVER FEED YARDS, INC., Appellee, v. DARRELL D. CARLTON, Commissioner of Labor of the State of Kansas, Appellant. No. 47,077Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Notice of Appeal — Timely Filed. A notice of appeal filed by a state officer […]

440 P.2d 566 STATE OF KANSAS, Appellee, v. THOMAS FAHY, Appellant. No. 45,080Supreme Court of Kansas Opinion filed May 11, 1968. SYLLABUS BY THE COURT CRIMINAL LAW — Child Abuse and Torture — Specific Time of Acts — Medical Report — Cross-examination — Statute Not Vague. In a prosecution for child abuse and torture, in […]

311 P.2d 347 HOMER B. RUSSELL and MARION F. RUSSELL, JR., Appellees, v. J.D. FERRELL and ANN I. FERRELL, Appellants, AMERICAN STATE BANK, a Corporation, Appellee. J.D. FERRELL and ANN I. FERRELL, Appellants, v. AMERICAN STATE BANK, a Corporation, and HOMER B. RUSSELL and MARION F. RUSSELL, JR., Appellees. Nos. 40,466, 40,465Supreme Court of Kansas […]

602 P.2d 131 SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. THE STATE CORPORATION COMMISSION OF KANSAS, et al., Appellee. No. 51,106Court of Appeals of Kansas Opinion filed November 9, 1979 Petition for review denied January 29, 1980. SYLLABUS BY THE COURT 1. PUBLIC UTILITY — Order of Kansas Corporation Commission — Standards of Review. Standards of […]

118 P.3d 1287 STATE OF KANSAS, Appellee, v. NELSON H. BOYKINS, Appellant. No. 92,442.Court of Appeals of Kansas. Opinion filed July 15, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When reviewing a motion to suppress evidence, the appellate court determines whether the factual underpinnings of the trial court’s […]

426 P.2d 82 RALPH S. CHANDLER, Appellant, v. ANCHOR SERUM COMPANY, and FARMERS CO-OP ELEVATOR, and KANSAS FARMERS UNION SERUM CO., Appellees. No. 44,703Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT 1. NEGLIGENCE — Res Ipsa Loquitur. Rules relating to the application of the doctrine of res ipsa loquitur are […]

643 P.2d 1133 PEGGY BENNETT, Appellee, v. COLONIAL LIFE AND ACCIDENT INSURANCE COMPANY, Appellant. No. 53,404Court of Appeals of Kansas Opinion filed April 22, 1982 SYLLABUS BY THE COURT 1. INSURANCE — Life Insurance — Grace Period for Payment of Premiums — Purpose. The purpose of a grace period for the payment of life insurance […]

520 P.2d 1260 STATE OF KANSAS, Appellee, v. JOHN H. MORETZ, Appellant. No. 47,194Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT SEARCH AND SEIZURE — Motion to Suppress — Articles in Plain View — Probable Cause to Believe Vehicle Contained Contraband. The record is examined in a criminal case, in […]

577 P.2d 830 NATHAN W. McCLESKEY, Appellee, v. NOBLE CORPORATION, Appellant, v. CHEMICAL CONSTRUCTION COMPANY or CHEMICO CONSTRUCTION COMPANY, Appellee. No. 49,161Court of Appeals of Kansas Opinion filed April 28, 1978 SYLLABUS BY THE COURT 1. NEGLIGENCE — Contribution among Joint Tortfeasors — Distinction between Contribution and Indemnity. Kansas adheres to the common law rule […]

102 P.3d 1205 IN RE CARE AND TREATMENT OF RODRIGUEZ. No. 91,467.Court of Appeals of Kansas December 30, 2004. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

132 P.3d 959 STATE OF KANSAS, Appellee, v. NICOMEDES BARAHONA, Appellant. No. 94,130.Court of Appeals of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Withdrawal of Plea — Motion Based on “Manifest Injustice” — Term Construed. Although Kansas courts have not previously defined the term “manifest injustice” within the context […]

629 P.2d 173 STATE OF KANSAS, Appellee, v. JOHN H. FOLKERTS, Appellant. No. 52,445Supreme Court of Kansas Opinion filed June 10, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jeopardy — When Defendant Placed in Jeopardy. A defendant is in jeopardy when he or she is put on trial in a court of competent […]

230 P.2d 1012 STATE OF KANSAS, Appellee, v. EDDIE GODSOE, Appellant. No. 38,360Supreme Court of Kansas Opinion filed May 12, 1951. SYLLABUS BY THE COURT 1. COURTS — Probate Court — Contempt — Notice of Appeal. Under the probate code (G.S. 1949, 59-302 [10]) a probate court has power to punish for contempt, and an […]

50 P.3d 89 STATE OF KANSAS, Appellee, v. RUSSELL LEE SHUMWAY, Appellant. No. 86,290Court of Appeals of Kansas Opinion filed: July 19, 2002. Petition for review denied 274 Kan. 1117 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Coercion of Witnesses by Law Enforcement — Violation of Defendant’s Due Process Rights. Where law enforcement […]

618 P.2d 1176 NATIONAL COOPERATIVE REFINERY ASSOCIATION, a corporation, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF McPHERSON, KANSAS; LENORA CLAYPOOL, as County Treasurer of said County; and MARGARET BRYAN, County Clerk of said County, Appellees. No. 52,011Supreme Court of Kansas Opinion filed November 1, 1980. SYLLABUS BY THE COURT TAXATION — […]

715 P.2d 19 KANSAS CITY POWER LIGHT COMPANY, Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Michael Lennen, Chairman, Margalee Wright and Keith R. Henley, Commissioners, and their respective successors in office as the constituent members of the State Corporation Commission of the State of Kansas, Appellees. No. 58,293Supreme Court of Kansas […]

883 P.2d 1228 WALTER A. McCLURE, Appellant, v. KEN RODRICKS L.M. HULBERT, HARTFORD INSURANCE CO., and KANSAS WORKERS COMPENSATION FUND, Appellees. No. 71,489Court of Appeals of Kansas Opinion filed November 4, 1994 SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Judicial Review of Order of Administrative Law Judge — Date of Order Determines Procedure for […]

874 P.2d 1208 STATE OF KANSAS, Appellee, v. DANNY LEE KELLY, Appellant. No. 69,916Court of Appeals of Kansas Opinion filed May 27, 1994 SYLLABUS BY THE COURT 1. TRIAL — Witness’ Recollection Refreshed — Trial Court Discretion Whether to Allow Use of Memoranda or Other Items to Refresh Witness’ Recollection. It is within the trial […]

647 P.2d 1331 VIVIAN RICHARDS, Plaintiff-Appellee, v. LARRY ETZEN, Defendant, v. PROVIDENCE-ST. MARGARET HEALTH CENTER, Intervenor-Appellant, v. KEMPER INSURANCE CO., Intervenor-Appellee. No. 54,077Supreme Court of Kansas Opinion filed July 16, 1982. SYLLABUS BY THE COURT 1. STATUTES — Construction — Conflict between Statutes — Latest Enactment Prevails. It is a settled rule of statutory construction […]

891 P.2d 435 ENID DYANN MITZNER and CRYSTAL MITZNER, by and through her guardian ad litem PATRICK S. BISHOP, Appellees, v. THE STATE OF KANSAS, KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, and PHILLIP JAMISON and SHIRLEY JAMISON, Appellants. No. 71,491Supreme Court of Kansas Opinion filed March 10, 1995. SYLLABUS BY THE COURT 1. SUMMARY […]

687 P.2d 1380 CAROLYN DeGRAEVE, Appellant, v. SOUTHWESTERN BELL TELEPHONE CO., Appellee. No. 55,211Court of Appeals of Kansas Opinion filed October 4, 1984 Petition for review denied December 6, 1984. SYLLABUS BY THE COURT 1. PUBLIC UTILITIES — Wrongful Termination of Service — Liability of Utility. A public utility is held to a standard of […]

242 P.2d 831 CLINTON M. SWISHER, Appellant, v. CLAUD H. BECKETT and NANCY E. BECKETT, Appellees. No. 38,586Supreme Court of Kansas Opinion filed April 12, 1952. SYLLABUS BY THE COURT 1. DAMAGES — Duty to Minimize Damages. It is a general rule of law that one who is injured or damaged by the breach of […]

693 P.2d 1163 STATE OF KANSAS, ex rel., WILLIAM PRINGLE, County Attorney, Barton County, Kansas, Appellee, v. HERITAGE BAPTIST TEMPLE, INC., et al., Appellants. No. 56,578Supreme Court of Kansas Opinion filed January 26, 1985. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Freedom of Religion. The First Amendment to the United States Constitution and Section […]

531 P.2d 428 PARSONS MOBILE PRODUCTS., INC., et al., Appellants, v. WILLIAM F. REMMERT, et al., Appellees. No. 47,613Supreme Court of Kansas Opinion filed January 25, 1975. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Scope of Review. On appeal it is not the function of the appellate court to weigh conflicting evidence, pass […]

309 P.2d 648 In re Petition of JAMES E. McADAM for the Establishment of a Private roadway. (JAMES E. McADAM, Appellant, v. ROSS GOSNEY and ESTHER M. GOSNEY, Appellees.) No. 40,368Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT ROADS — Proceeding for Establishment of Road Across Adjoining Lands — Relief […]

856 P.2d 1352 ROBERT KNOWLES, Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, Appellee/Cross-Appellant, v. ASPLUNDH TREE EXPERT COMPANY, Appellee. No. 68,929Court of Appeals of Kansas Opinion filed July 30, 1993 Petition for review denied 254 Kan. ___ (December 12, 1993). SYLLABUS BY THE COURT 1. TORTS — Federal Employers’ Liability Act — Plaintiff’s Standard of Proof. […]

295 P.2d 605 FLORENCE J. KING, Appellee, v. VETS CAB, INC., Appellant. No. 40,009Supreme Court of Kansas Opinion filed April 7, 1956. SYLLABUS BY THE COURT 1. CARRIERS — Taxicabs — Duty to Passengers. Taxicab companies for hire carrying passengers are common carriers of such passengers and, as such, are required to use the greatest […]

32 P.3d 1122 MELINDA SKOV, RAYMOND TANKERSLEY, and NORMA TANKERSLEY, Appellants/Cross-appellees, v. VANCE WICKER and MONA WICKER, Appellees/Cross-appellants. MONA BOYDSTON WICKER, Appellee/Cross-appellant, v. SEAN BOYDSTON (Melinda Skov, Raymond Tankersley, and Norma Tankersley), Appellants/Cross-appellees. Nos. 85,916; 85,917Supreme Court of Kansas Opinion filed: October 19, 2001. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. […]

840 P.2d 553 RAE ANN SRAMEK, Appellee, v. PAUL LOUIS SRAMEK, JR., Appellant. No. 67,594Court of Appeals of Kansas Opinion filed November 6, 1992 Petition for review denied 252 Kan. ___ (February 4, 1993). SYLLABUS BY THE COURT 1. JURISDICTION — Service on Party in Interest — Failure to Properly Serve — Court without Jurisdiction […]

102 P.3d 503 EVENSON TRUCKING CO. v. ARANDA. No. 91,311.Court of Appeals of Kansas December 23, 2004. Appeal from Morton. Decision Without Published Opinion. Affirmed in part and reversed in part.

241 P.2d 501 THE STATE OF KANSAS, Appellant, v. JIM SHARPE, Appellee. No. 38,525Supreme Court of Kansas Opinion filed March 8, 1952. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal by State — Question Reserved by State — Duties of County Attorney. If the state desires to appeal to the supreme court on a […]

102 P.3d 1 MOONEY v. CITY OF OVERLAND PARK. No. 91,559, 92,116.Court of Appeals of Kansas December 17, 2004. Appeal from the Johnson. Decision without published opinion. Affirmed in part and reversed in part.

764 P.2d 134 STATE OF KANSAS, Appellee, v. EARNEY R. DUCKETT, Appellant. No. 61,505Court of Appeals of Kansas Opinion filed November 18, 1988 Petition for review denied 244 Kan. 739. SYLLABUS BY THE COURT CRIMINAL LAW — Sentence Modification Motion — Appeal from Denial — Refusal of Trial Court to Supply Transcript of Sentencing Hearing […]

801 P.2d 1325 In The Matter of ROBERT R. CAIN, Respondent. No. 65,286Supreme Court of Kansas Opinion filed December 7, 1990. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed December 7, 1990. Indefinite suspension. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, and […]

811 P.2d 1121 ALLIED MUTUAL INSURANCE COMPANY, Plaintiff, v. KEVIN S. GORDON, et al., Defendants, and ROBERT L. HARDING, Defendant/Cross-claim Plaintiff/Appellee/Cross-Appellant, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant/Cross-claim Defendant/Appellant/Cross-Appellee. No. 64,285Supreme Court of Kansas Opinion filed May 24, 1991. SYLLABUS BY THE COURT 1. INSURANCE — Uninsured Motorist Coverage — Limitations on Coverage without […]

512 P.2d 491 W. MILFORD HALL and NORMA J. HALL, Appellees, v. PIONEER CROP CARE, INC., Appellant. No. 46,834Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. TRESPASS — Aerial Spraying — Damages. K.S.A. 21-2435 (repealed effective July 1, 1970) authorizes the party injured to recover treble damages for trees […]

672 P.2d 599 STATE OF KANSAS, Appellee, v. RICHARD COY, Appellant. No. 55,357Supreme Court of Kansas Opinion filed December 2, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Voice Identification of Defendant — Admissibility at Trial. In considering the admissibility of a pretrial identification of a suspect in a criminal case based upon voice […]

943 P.2d 1240 MARY BROWN, Appellant, v. THE KANSAS PAROLE BOARD AND RICHARD KOERNER, PRINCIPAL ADMINISTRATOR OF THE TOPEKA CORRECTIONAL FACILITY, Appellees, No. 77,629Supreme Court of Kansas Opinion filed July 18, 1997 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Negative Finding — Appellate Review. A negative finding indicates the party upon whom the […]

870 P.2d 1346 STATE OF KANSAS, Appellee, v. TODD REIMANN, Appellant. No. 68,965Court of Appeals of Kansas Opinion filed March 25, 1994 Petition for review denied 255 Kan. 1006 (1994). SYLLABUS BY THE COURT 1. CRIMINAL LAW — New Trial — Trial Court Discretion — Appellate Review. The granting of a new trial is a […]

255 P.2d 1018 FRANCES M. FINCHAM, Appellee, v. ARTHUR S. FINCHAM, Appellant. No. 38,740Supreme Court of Kansas Opinion filed April 11, 1953. SYLLABUS BY THE COURT 1. DIVORCE — Foreign Divorces — Constructive Service — Full Faith and Credit — Effect on Pending Action in Kansas. A married couple lived in this state and had […]

232 P.2d 220 TELECA HICKS KEMMERLE, Appellee, v. AUGUST KEMMERLE, Appellant. No. 38,343Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT 1. DIVORCE — Citation for Contempt — Failure to Pay Alimony — Burden of Proof. Upon the hearing of a citation for contempt for failure to pay alimony a prima […]

686 P.2d 122 STATE OF KANSAS, Petitioner, v. LOREN HOHMAN, JR., Respondent. Nos. 56,100, 56,330Supreme Court of Kansas Opinion filed July 13, 1984. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Attorney Misconduct — Standard of Proof. The standard of proof to warrant a finding of attorney misconduct requires the charge be established by […]

594 P.2d 222 STATE OF KANSAS, Appellee, v. GLEN SAMUEL McCAMBRY, Appellant. No. 50,357Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT 1. JURIES — Selection of Additional Jurors to Complete Panel — Constitutionality of Procedures. The procedure outlined in K.S.A. 1978 Supp. 43-167 for completing a panel of jurors exhausted […]

941 P.2d 385 IN THE MATTER OF THE MARRIAGE OF PAULA K. KIRK, Appellant, and MICHAEL D. KIRK, Appellee. No. 76,147Court of Appeals of Kansas Opinion filed June 20, 1997. SYLLABUS BY THE COURT 1. DIVORCE — Separation Agreement — District Court Required to Scrutinize Agreement before Incorporating It into Divorce Decree. K.S.A. 60-1610(b)(3) states […]

699 P.2d 479 ROBERTS ENTERPRISES, INC., Appellee, v. SECRETARY OF TRANSPORTATION, Appellant. No. 56,925Supreme Court of Kansas Opinion filed May 10, 1985. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality. In determining constitutionality, it is the court’s duty to uphold a statute under attack rather than defeat it and, if there is any reasonable way […]

3 P.3d 575 WILLIAM C. ALEXANDER, Appellee/Cross-appellant, v. MICHAEL A. EVERHART, JANETTE W. EVERHART, and EVERHART HOMES, INC., Appellants/Cross-appellees. No. 82,368[1] Court of Appeals of Kansas Opinion filed April 7, 2000. Petition for review denied 270 Kan. 897 (2000). [1] REPORTER’S NOTE: Opinion modified on August 10, 2000. See 27 Kan. App. 2d 897. SYLLABUS […]

808 P.2d 440 STATE OF KANSAS, Appellee, v. CLINTON WAYNE BRUNER, Appellant. No. 65,280Court of Appeals of Kansas Opinion filed March 22, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Probation — Trial Court Discretion — Appellate Review. A decision whether to grant probation is exclusively a function of the trial court […]

389 P.2d 782 RUBY ANN GEURIAN, widow, and guardian of WILLIAM GUS GEURIAN, a minor, dependent of William Gus Geurian, Sr., deceased employee, Appellees, v. KANSAS CITY POWER LIGHT COMPANY, Appellant. No. 43,712Supreme Court of Kansas Opinion filed March 7, 1964. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Act Prescribes No Health Standards — […]

757 P.2d 289 STATE OF KANSAS, Appellee, v. CHRIS KUONE, Appellant. No. 60,446Supreme Court of Kansas Opinion filed June 3, 1988. SYLLABUS BY THE COURT 1. CRIMINAL LAW — “Unavailable as a Witness” — Term Construed as It Applies to Statements Made by an Alleged Child Victim. “Unavailable as a witness,” as that term is […]

279 P.2d 257 THE DENVER NATIONAL BANK OF DENVER, COLORADO, Ancillary Executor of the Estate of Joseph J. Hall, Deceased, Appellee, v. THE STATE COMMISSION OF REVENUE AND TAXATION OF THE STATE OF KANSAS, Appellant. No. 39,443Supreme Court of Kansas Opinion on rehearing filed January 22, 1955. OPINION ON REHEARING Appeal from Russell district court, […]

114 P.3d 1000 STATE v. JONES. No. 92,426.Court of Appeals of Kansas. July 8, 2005. Appeal from Sedgwick Decision without published opinion. Affirmed.

446 P.2d 719 THE STATE OF KANSAS, Appellee, v. VERNON TOWNER, Appellant. No. 44,747Supreme Court of Kansas Opinion filed November 9, 1968. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Grand Larceny — Offense Predicated on Value. Value, rather than form, is the distinguishing characteristic of property subject to grand larceny. The offense of grand […]

412 P.2d 1007 LESLIE G. ALSEIKE, Plaintiff and Appellee, v. EDITH M. MILLER, Defendant and Third Party Plaintiff, Appellant, v. VERNON L. LADD, an individual; JAMES McINTOSH and HUGH SHEA, co-partners, d/b/a CYCLE ESCORT SERVICE, Third Party Defendants and Appellees. No. 44,408Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT 1. […]

8 P.3d 55 VALERE OREBAUGH, Appellant, v. CARL LEATHERWOOD and MICHELLE LEATHERWOOD, Appellees. No. 83,380Court of Appeals of Kansas Opinion filed July 14, 2000. SYLLABUS BY THE COURT 1. REAL PROPERTY — Farm Tenancy — Termination of Tenancy — Statutory Compliance. The provisions of K.S.A. 58-2506 are stated and applied. 2. SAME — Farm Tenancy […]

62 P.3d 667 STATE OF KANSAS, Appellee, v. KRISTOPHER S. CLUBB, Appellant. No. 88,604.Court of Appeals of Kansas. Opinion filed February 7, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Multiple Acts Case — Elements Test — Aggravated Indecent Liberties with Child Not Lesser Included Offense of Rape. Under the “elements test” of K.S.A. 2001 […]

284 P.2d 589 IDA M. EDWARDS, MAURICE J. EDWARDS, JOHN EDWARDS, JR., CLARK H. EDWARDS, RUTH B. EDWARDS, and GEORGE KRATZER, Appellees, v. SOLAR OIL CORPORATION, a Corporation, Appellant. No. 39,727Supreme Court of Kansas Opinion filed June 11, 1955. SYLLABUS BY THE COURT APPEAL AND ERROR — Overruling Motion for Judgment on Pleading — When […]

766 P.2d 802 EVERETT E. LOVING and ANNETTE MAY LOVING, Appellants, v. FEDERAL LAND BANK OF WICHITA, Appellee. No. 61,725Supreme Court of Kansas Opinion filed December 9, 1988. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Counterclaim — Failure to Assert Compulsory Counterclaim — Effect. Failure to assert a compulsory counterclaim, as required by K.S.A. […]

58 P.3d 680 In the Matter of the Marriage of RICK D. PHILLIPS, Appellee, and CAROL LYNN PHILLIPS, Appellant. No. 87,999Supreme Court of Kansas Opinion filed: December 6, 2002. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings of Fact by District Court — Findings Conclusive on Appeal if Unchallenged. Where the parties do […]

415 P.2d 398 LANDSCAPE DEVELOPMENT COMPANY, INC., Appellee, v. KANSAS CITY POWER LIGHT COMPANY, Appellant. No. 44,492Supreme Court of Kansas Opinion filed June 11, 1966. SYLLABUS BY THE COURT 1. NEW TRIAL — Order Granting Not Appealable — Exception to Rule Stated. Although an order granting a new trial is normally not appealable as a […]

437 P.2d 798 GEORGE L. SCHNEIDER, Appellee and Cross-Appellant, v. WASHINGTON NATIONAL INSURANCE COMPANY, Appellant, and Cross-Appellee. No. 44,946Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT 1. INSURANCE — Health and Accident Policy — Truth of Statements in Application — Question for Jury. Where the truth of statements in an […]

936 P.2d 292 STATE OF KANSAS, Appellee, v. WILLIAM W. HARLIN, Appellant. Nos. 75,433, 75,434, 75,435Court of Appeals of Kansas Opinion filed April 18, 1997 SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Motion for Sentence Conversion May Be Considered as K.S.A. 60-1507 Motion. Pro se motions for sentence conversion filed out of time […]

606 P.2d 491 LILLY K. SMERCHEK, Appellee, v. J.R. HAMILTON and E.W. HALEY, Appellants. No. 50,264Court of Appeals of Kansas Opinion filed February 15, 1980 SYLLABUS BY THE COURT 1. CONTRACTS — Ambiguity. Rules for determining whether a contract is ambiguous are stated and applied. 2. FUTURE INTERESTS — Rule against Perpetuities. The rule against […]

820 P.2d 1243 STATE OF KANSAS, Appellant, v. TERRY L. STARKS and RICKY L. CASEY, Appellees. No. 65,944Supreme Court of Kansas Opinion filed October 25, 1991. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Examination — Probable Cause Determination to Bind Defendant over for Trial. If, from the evidence presented at the preliminary hearing, […]

624 P.2d 448 STATE OF KANSAS, Appellee, v. JUDY J. GARNES, Appellant. No. 52,300Supreme Court of Kansas Opinion filed February 28, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Hearsay Evidence — Prior Contradictory Statement of Witness. The exercise of judicial restraint, in allowing admission as substantive evidence under K.S.A. 60-460(a) of a prior […]

853 P.2d 1168 STATE OF KANSAS, Appellee, v. JOE LOUIS LARA, Appellant. No. 67,570Court of Appeals of Kansas Opinion filed June 4, 1993 SYLLABUS BY THE COURT CRIMINAL LAW — Muffler Violation — Statutory Terms “Excessive” and “Unusual” Noise Construed. The words “excessive” and “unusual” as used in K.S.A. 8-1739(a) are sufficiently certain and have […]

672 P.2d 583 HAND REALTY COMPANY, Appellee, v. TERRY F. MEYERS and BETTY L. MEYERS, Appellants. No. 54,236Supreme Court of Kansas Opinion filed December 2, 1983. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Sufficiency of Evidence — Appellate Review. When a jury verdict is attacked for insufficiency of the evidence, the duty of […]