Category: Kansas Court Opinions

452 P.2d 862 STATE OF KANSAS, Appellee, v. RAYMOND EUGENE LAW, Appellant. No. 45,279Supreme Court of Kansas Opinion filed April 12, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Delay by Defendant — Right to Speedy Trial Waived. Where trial of a criminal case is delayed on application of the defendant, the right to […]

956 P.2d 1355 ROBERT CRIMMINS, HARVEY WOLLENBERG, EARL KRUSE, LEO JUENEMAN, AND LOREN H. MUELLER, Appellants, v. HORSESHOE CREEK WATERSHED JOINT DISTRICT NO. 110 OF MARSHALL AND WASHINGTON COUNTIES, KANSAS, AND RICHARD SCHOTTE, PRESIDENT, AND NORBERT KLIPP, SECRETARY, Appellees. No. 77,847Court of Appeals of Kansas Opinion filed April 17, 1998 SYLLABUS BY THE COURT 1. […]

667 P.2d 358 GERALD SMITH, Appellant, v. KENNETH F. STEWART, Appellee. No. 55,084Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — “Merchant.” “Merchant” means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill […]

232 P.2d 456 In re Estate of Laura C. Woodford, Deceased. (CARL HAYES, Appellant, v. THE AMERICAN NATIONAL BANK OF HUTCHINSON, Administrator of the Estate of Laura C. Woodford, Deceased, Appellee.) No. 38,268Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Claim Against Estate — Quantum Meruit […]

728 P.2d 1330 STATE OF KANSAS, Appellant, v. MITCHELL A. MOFFETT, Appellee. No. 59,392Supreme Court of Kansas Opinion filed December 5, 1986. SYLLABUS BY THE COURT 1. MOTOR VEHICLES — Driver’s License — Notice of Change of Address of License Holder. K.S.A. 8-248 places the burden on a driver’s license holder to notify the Division […]

646 P.2d 488 FRED L. NEWMASTER, Appellee, v. SOUTHEAST EQUIPMENT, INC., Appellant. No. 53,460Supreme Court of Kansas Opinion filed June 11, 1982. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Revocation of Acceptance — Elements Purchaser Must Establish. The purchaser of a machine who seeks revocation of acceptance pursuant to K.S.A. 84-2-608 must establish […]

527 P.2d 1044 MARVIN BERGEMANN, Appellant, v. NORTH CENTRAL FOUNDRY, INC., and AETNA INSURANCE COMPANY, Appellees. No. 47,536Supreme Court of Kansas Opinion filed November 2, 1974. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Injuries Arising Out of Employment — What Injuries Compensable. When a primary injury under the Workmen’s Compensation Act is shown to […]

706 P.2d 825 CHRIS HUNT WATER HAULING CONTRACTOR, INC., et al., Appellees, v. STATE CORPORATION COMMISSION of the State of Kansas, Appellant. No. 57,254Court of Appeals of Kansas Opinion filed September 26, 1985 SYLLABUS BY THE COURT 1. KANSAS CORPORATION COMMISSION — Appeal of Order of KCC — Scope of Appellate Review. When an order […]

701 P.2d 934 JOE CARMICHAEL, JO SAILLE CARMICHAEL, HAROLD HARRIS, EUGENE KAUFMAN, M.D., DONALD E. LAMBDIN, WALTER L. REAZIN, M.D., DON MATLACK, ROBERT W. REIGER, and LYLE WHEATCROFT, Appellees, v. HALSTEAD NURSING CENTER, LTD. and JAMES F. HOLLEMAN, JR., Appellants, and JOHN WHITE, Defendant. No. 56,967Supreme Court of Kansas Opinion filed June 21, 1985. SYLLABUS […]

419 P.2d 847 MACKEY-WOODARD, INC., Appellant, v. CITIZENS STATE BANK OF CHENEY, Appellee, and ELMA JEAN MACKEY, Third Party Defendant. No. 44,555Supreme Court of Kansas Opinion filed November 5, 1966. SYLLABUS BY THE COURT 1. CHECK — Forged or Unauthorized Indorsement of Payee — Collecting Bank Liable to Payee. In the absence of negligence, laches […]

62 P.3d 707Court of Appeals of Kansas November 9, 2001 Title Docket Appeal Date of Decision Number From Decision State v. Driskell 85307 Reno 11/09/2001 Affirmed State v. Galindo 85771 Cowley 11/09/2001 Affirmed State v. Harris 85801 Sedgwick 11/09/2001 Affirmed

286 P.2d 180 GEORGE W. HOUSE, et al., Appellants, v. CITY OF TOPEKA, et al., Appellees. No. 39,582Supreme Court of Kansas Opinion filed July 6, 1955. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Ordinance Prohibiting Sale of Groceries on Sunday — Conflict with State Law — Effect. A city ordinance which denies rights granted by […]

596 P.2d 816 MODERN AIR CONDITIONING, INC., Appellee, v. CINDERELLA HOMES, INC., et al., Appellants. No. 49,832Supreme Court of Kansas Opinion filed June 9, 1979. SYLLABUS BY THE COURT 1. JOINT VENTURE — Defined. A joint venture is an association of two or more persons to carry out a single business enterprise for profit. 2. […]

98 P.3d 304 STATE v. MILLER. No. 92,056.Court of Appeals of Kansas October 1, 2004. Appeal from the Sedgwick. Decision Without Published Opinion. Sentence vacated and case remanded with directions.

271 P.2d 276 GRACE D. BAKER, (D. WARD BAKER, substituted), Appellant, v. E.J. HUFFMAN, C.J. HUFFMAN, LEO C. ELLIS, E. MELVA BROWN and PAUL J. BROWN, Appellees. No. 39,430Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT MINES AND MINERALS — Oil and Gas Lease — Cessation of Production — Demurrer. […]

208 P.3d 755 NATIONAL RESTORATION COMPANY, Plaintiff, v. MERIT GENERAL CONTRACTORS, INC., Defendant/Appellee, and WICHITA SHEET METAL SUPPLY, INC., dba ALL AMERICAN SUPPLY CO., Defendant/Appellant. WICHITA SHEET METAL SUPPLY, INC., dba ALL AMERICAN SUPPLY CO., Third-party Plaintiff/Appellant, v. Goss SERVICE COMPANY, INC., and JAY E. GOSS, Third-party Defendants. No. 99,936.Court of Appeals of Kansas. Opinion […]

105 P.3d 279 STATE v. MORTON. No. 91,385.Court of Appeals of Kansas February 4, 2005. Appeal from the Saline. Decision without published opinion. Affirmed.

117 P.3d 150 BRISCOE v. ROBERTS. No. 92,527.Court of Appeals of Kansas. August 12, 2005. Appeal from Butler. Decision without published opinion. Affirmed.

853 P.2d 69 CLINTON ANDERSON, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 68,320Court of Appeals of Kansas Opinion filed May 28, 1993 Petition for review denied 253 Kan. 856 (1993). SYLLABUS BY THE COURT 1. MOTOR VEHICLES — Driver’s License Suspension — Mandatory Personal Service of Notice of Suspension. Under K.S.A. 8-1002(c), personal service […]

913 P.2d 1236 STATE OF KANSAS, Appellee, v. LARRY DEAN PARKER, Appellant. No. 72,185Court of Appeals of Kansas Opinion filed April 5, 1996 Petition for review denied 260 Kan. 1000 (1996). SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Different Sentences Imposed for Codefendants — Trial Court Not Required to Explain Reasons for Pronouncing […]

720 P.2d 1129 HILDA NASH, Plaintiff, v. ROBERT C. ADKINS, et al., Defendant and Third-Party Plaintiff/Appellee, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Third-Party Defendant/Appellant, and SELKERK METALBESTOS COMPANY, et al., Third-Party Defendants. No. 57,893Court of Appeals of Kansas Opinion filed June 26, 1986 SYLLABUS BY THE COURT 1. INSURANCE — Construction of Policy. The construction […]

218 P.2d 241 RALPH D. RUTLEDGE, Petitioner, v. ROBERT H. HUDSPETH, Warden, Kansas State Penitentiary, Respondent. No. 37,905Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT HABEAS CORPUS — Grounds — Writ Denied. A petition for a writ of habeas corpus filed originally in this court is examined and it is […]

755 P.2d 7 STATE OF KANSAS, Appellant, v. THAI DO HOANG, Appellee. No. 60,801Supreme Court of Kansas Opinion filed April 29, 1988. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder — Case Law Reviewed. Case law relative to the statutory history of felony murder is reviewed and discussed. 2. SAME — Felony Murder […]

940 P.2d 78 LAFE GILMORE, Appellee, v. DAVID R. McKUNE, TERRY NICODEMUS, STATE OF KANSAS, and KANSAS DEPARTMENT OF CORRECTIONS, Appellants. No. 76,542Court of Appeals of Kansas Opinion filed May 30, 1997 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Question of Law — Appellate Review. When determining a question of law, an appellate […]

563 P.2d 467 KALMAN FEBERT, Appellant, v. UPLAND MUTUAL INSURANCE COMPANY, Appellee, and TEFFT DONALDSON CONTRACTORS, INC., Appellee, v. KALMAN FEBERT, Appellant, and UPLAND MUTUAL INSURANCE COMPANY, Appellee. No. 48,517Supreme Court of Kansas Opinion filed April 9, 1977. SYLLABUS BY THE COURT 1. TRIAL — What Controls the Scope of the Lawsuit. In the absence […]

638 P.2d 975 THE WELLSVILLE BANK, Appellee, v. CHARLES D. NICOLAY, et al., (DUANE H. ROSEBAUGH), Appellant. No. 52,291Court of Appeals of Kansas Opinion filed January 14, 1982 SYLLABUS BY THE COURT PARTNERSHIP — Assignment by One Partner of Benefits under Contract for Sale of Partnership Asset — Validity of Assignment and Security Agreement. Under […]

114 P.3d 190 STATE v. BROWN. No. 91,823.Court of Appeals of Kansas. July 1, 2005. Appeal from the Shawnee. Decision without published opinion. Affirmed.

332 P.2d 256 J.J. McCASLIN, JR., Appellee, v. IRENE BUSCH, Appellant. No. 41,096Supreme Court of Kansas Opinion filed December 6, 1958. SYLLABUS BY THE COURT JUDGMENTS — Motion to Set Aside Denied — Motion Unappealed from Final. A judgment was rendered in favor of plaintiff on January 30, 1956. On April 30, 1956, defendant’s motion […]

897 P.2d 1041 STATE OF KANSAS, Appellee, v. RODERICK M. CRAWFORD, Appellant. No. 71,556Court of Appeals of Kansas Opinion filed June 16, 1995 SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Departure Sentence — Limited Appellate Jurisdiction. K.S.A. 1994 Supp. 21-4721(a) provides that a departure sentence is subject to appeal by the defendant or […]

90 P.3d 365 In the Matter of the Marriage of TANYA KATRINA WILLIAMS, n/k/a TANYA KATRINA WIMER, Appellant, and PATRICK KENNETH WILLIAMS, Appellee. No. 91,301.Court of Appeals of Kansas. Opinion filed May 28, 2004. SYLLABUS BY THE COURT1. PARENT AND CHILD — Custody — Divided Residential Custody of Children from Same Parents — Exceptional Circumstances […]

584 P.2d 139 In the Matter of the Estate of Robert Dean Shields, Deceased; MICHAEL B. SHIELDS, Administrator, and PATRICIA LYNN KNIGHT, Appellees, v. VICTORIA ANN SHIELDS, Appellant. No. 48,770Supreme Court of Kansas Opinion filed September 14, 1978. SYLLABUS BY THE COURT JOINT TENANCY — Killing of One Joint Tenant by the Other Joint Tenant. […]

388 P.2d 1 BESSIE M. ACKERS, and UNITED TRUST COMPANY, a corporation, Administrator of the Estate of Frank C. Ackers, deceased, Appellants, v. THE FIRST NATIONAL BANK OF TOPEKA, a corporation, Trustee; THE KANSAS UNIVERSITY ENDOWMENT ASSOCIATION, a corporation, FRANCES C. XANDERS; and CHARLOTTE XANDERS, a minor, Appellees. No. 43,403Supreme Court of Kansas Opinion denying […]

340 P.2d 99 MARIA S. VAKAS, Administratrix, Appellee, v. RONALD COLLINS, Appellant, and LEE PYLE, Defendant. No. 41,437Supreme Court of Kansas Opinion filed June 13, 1959. SYLLABUS BY THE COURT AUTOMOBILES — Motions to Make Definite and Strike — Contributory Negligence — Sufficiency of Petition. Petition and amended petition examined in an action to recover […]

430 P.2d 275 STATE OF KANSAS, Appellee, v. FRANK HOY, Appellant. No. 44,547Supreme Court of Kansas Opinion filed July 12, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — First Degree Murder — Failure to Instruct on Lesser Degree. In a prosecution for first degree murder failure to instruct the jury on any lesser degree […]

510 P.2d 1187 FLOYD WAYNE MONTGOMERY, II, a Minor, by LOUISE MONTGOMERY, His Mother and Natural Guardian, Appellant, v. PATRICK BARTON, a Minor, NATHANIEL S. BARTON and NANCY J. BARTON, Appellees. No. 46,840Supreme Court of Kansas Opinion filed June 9, 1973. SYLLABUS BY THE COURT NEGLIGENCE — Children Playing With Burning Gasoline — Damages Based […]

366 P.2d 27 THE STATE OF KANSAS, Appellee, v. EDDIE JAMES SCHNEIDER, Appellant. No. 42,526Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT APPEAL AND ERROR — Necessity to Appeal from Order Overruling Motion for New Trial — Specifying Error. Matters specified as error, in order to be reviewable, must be […]

772 P.2d 271 LAIRD NOLLER, Appellant, v. GMC TRUCK AND COACH DIVISION, GENERAL MOTORS CORPORATION, Appellee. No. 60,903Supreme Court of Kansas Opinion filed April 14, 1989. SYLLABUS BY THE COURT 1. CONTRACTS — Third-party Beneficiary — Intent Must Be Clearly Expressed in Contract. Intent to benefit a third party must be clearly expressed in a […]

479 P.2d 852 LAVILLE HANNON, Appellant, v. STATE OF KANSAS, Appellee. No. 45,965Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Trial Errors — When Remedy May Be Invoked. The post-conviction remedy provided by K.S.A. 60-1507 cannot be used as a substitute for a direct appeal involving […]

12 P.3d 411 MICHAEL D. ROBINETT, Appellant, v. THE HASKELL COMPANY, Appellee. No. 83,739Supreme Court of Kansas Opinion filed October 27, 2000. SYLLABUS BY THE COURT WORKERS COMPENSATION — Subcontractor’s Injured Employee Covered by Subcontractor’s Workers Compensation — Injured Employee May Not Bring Tort Action against Principal Employer. In enacting K.S.A. 1999 Supp. 44-503(g), the […]

689 P.2d 774 RENEE GEORGE MERCER, Appellant, v. ELDEN FRITTS and MRS. BETTY FRITTS, Appellees. No. 54,391Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT TORTS — Liability of Owner of Domestic Animal for Harm Done by Animal to Licensee or Social Guest. In an action by a social guest or […]

65 P.3d 1048 STATE OF KANSAS, Appellee, v. CHARLES M. PRATER, Appellant. No. 87,609, 88,698.Court of Appeals of Kansas. Opinion filed April 4, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Delay in Passing Sentence — Due Process. For there to be constitutional due process implications to a defendant from a delay in […]

361 P.2d 803 C.P. HIRST, Appellee, v. R.L. ALLEN, Appellant. No. 42,096Supreme Court of Kansas Opinion filed May 13, 1961. SYLLABUS BY THE COURT QUIET TITLE — No Error in Granting Relief. In a quiet title action the trial court rendered judgment for plaintiff and granted equitable relief. The record is examined and it is […]

641 P.2d 394 STATE OF KANSAS, Appellant, v. BRYAN LEE CROUCH and GREGORY ALLEN REEDER, Appellees. No. 53,534Supreme Court of Kansas Opinion filed February 27, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Arrest — Appearance before Magistrate. The purpose of K.S.A. 22-2901(1), which requires a person arrested for a crime to be taken […]

535 P.2d 935 RALPH THOMAS HERRELL, by Ralph Herrell, his Father, Natural Guardian and Next Friend, Appellant, v. MITZI CAROL MADDUX, Appellee. No. 47,681Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. TRIAL — Pretrial Order Supersedes the Pleadings — Modification. A pretrial order made pursuant to K.S.A. 60-216 supersedes […]

176 P.3d 242 IN THE MATTER OF THE PARENTAGE OF JOSHUA F. BROWN. No. 98,125.Court of Appeals of Kansas. Opinion filed February 15, 2008. SYLLABUS BY THE COURT1. PARENT AND CHILD — Child Support — Kansas Child Support Guidelines — District Court’s Interpretation and Adjudication of Guidelines — Appellate Review. An appellate court reviews a […]

178 P.3d 42 STATE OF KANSAS, Appellee, v. WILLIAM JAMES BLOMQUIST, Appellant. No. 95,995.Court of Appeals of Kansas. Opinion filed February 29, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutorial Misconduct — Two-step Analysis. A two-step analysis governs allegations of prosecutorial misconduct: it applies regardless of whether the alleged misconduct occurs during witness examination […]

119 P.3d 670 GREGORY C. BENDER, Trustee, Appellant, v. KANSAS SECURED TITLE AND ABSTRACT CO., INC., and CHICAGO TITLE INSURANCE COMPANY, Appellees. No. 93,121.Court of Appeals of Kansas. Opinion filed September 16, 2005. SYLLABUS BY THE COURT1. CONTRACTS — Insurance Contract — Construction. Despite being an adhesion contract, an insurance contract must be construed consistent […]

53 P.3d 1254Court of Appeals of Kansas September 20, 2002 Title Docket Appeal Date of Decision Number From Decision State v. Davis 86158 Pawnee 09/20/2002 Affirmed Dodge, In re 87055 Shawnee 09/20/2002 Affirmed Marriage of Broils v. State 87092 Saline 09/20/2002 Affirmed Thompson, In re 87116 Dickinson 09/20/2002 Affirmed in Marriage of part, and remanded […]

257 P.2d 937 W.B. THOMPSON, Appellant, v. HERBERT NYE, Sheriff of Leavenworth County, and JOHN DOE, Agent of the State of Nebraska, Appellees. No. 39,020Supreme Court of Kansas Opinion filed June 6, 1953. SYLLABUS BY THE COURT 1. EXTRADITION — “Fugitive from Justice” — “Fleeing from Justice.” “The term `fugitive from justice,’ as used in […]

545 P.2d 383 STATE OF KANSAS, Appellee, v. PAUL RICHARD LASSLEY, Appellant. No. 48,001Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Kidnapping, Assault and Rape — Polygraph Examination — Stipulation as to Admissibility — Assault Charge Duplicitous — Instructions. In an appeal from a jury conviction […]

470 P.2d 804 DON ROCKEY and ELAINE ROCKEY, Appellants and Cross-Appellees, v. WALTER BACON and THERESA BACON, Appellees and Cross-Appellants. No. 45,724Supreme Court of Kansas Opinion filed June 13, 1970. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings Supported by Evidence — Conclusiveness. Findings of the trial court which are supported by substantial […]

717 P.2d 1068 ARCHIE ANDERSON, Appellee, v. NATIONAL CARRIERS, INC., a Kansas Corporation, and TRAVELERS INSURANCE COMPANY, Lien Intervenor, Appellants. No. 58,405Court of Appeals of Kansas Opinion filed April 24, 1986 Aff’d 240 Kan. 101, 727 P.2d 899 (1986). SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Employer’s Subrogation Lien — Apportionment of Recovery Made […]

130 P.3d 135 STATE OF KANSAS, Appellee, v. REGINALD L. CARTER, Appellant. No. 92,988.Court of Appeals of Kansas. Opinion filed March 17, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — jury Instructions — Lesser Included Offenses Instruction — When Required. The district court must instruct the jury as to lesser included crimes where there is […]

935 P.2d 242 JASON SPENCER, A Minor Child, By His Parent and Next Friend, Debbie Spencer, Appellant, v. UNIFIED SCHOOL DISTRICT NO. 501, Appellee. No. 75,201.Court of Appeals of Kansas Opinion filed: April 4, 1997. SYLLABUS BY THE COURT 1. SCHOOLS — Suspension or Expulsion of Students — Statutory Authority. K.S.A. 1994 Supp. 72-8901 et […]

363 P.2d 522 STATE OF KANSAS, Appellee, v. LEE R. HENDRIX, Appellant. No. 42,344Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Review of Record — No Error. In a criminal action the record is reviewed on appeal from a conviction and sentence and found to present […]

522 P.2d 347 GEORGE A. ANGLE, d/b/a FRONTIER OIL COMPANY, Appellee, v. THE BOARD OF COUNTY COMMISSIONERS OF RUSH COUNTY, KANSAS, Consisting of JOHN B. KOBER, RAYMOND REICHEL and REUBEN ROMEISER; RUTH ANNE KRUG, County Treasurer of Rush County, Kansas, and EVELYN BUSSART, County Clerk of Rush County, Kansas, Appellants. No. 47,262Supreme Court of Kansas […]

141 P.3d 1175 DAVID L. UPCHURCH, Appellant, v. State of Kansas, Appellee. No. 94,227.Court of Appeals of Kansas. Opinion filed September 1, 2006. SYLLABUS BY THE COURT1. HABEAS CORPUS — Summary Dismissal of K.S.A. 60-1507 Motion without Appointment of Counsel — Appellate Review — Abuse of Discretion Standard of Review. Our standard of review when […]

516 P.2d 1004 PAUL M. ELLIOTT, Appellant, v. RAINS AND WILLIAMSON OIL COMPANY AND ARGONAUT INSURANCE COMPANY, Appellees. No. 46,983Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Finding of Permanent Partial Bodily Disability — Supported by Evidence — Test Proper. The record is examined in a […]

62 P.3d 1112Court of Appeals of Kansas January 31, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Ball 87059 Wyandotte 1/31/2003 Affirmed State v. Weaver 87667 Wyandotte 1/31/2003 Affirmed State v. Elam 87850 Elk 1/31/2003 Affirmed State v. Resor 88047 Ford 1/31/2003 Affirmed Douglas v. State 88269 Saline 1/31/2003 Affirmed State […]

391 P.2d 117 In the matter of the estate of Howard Morse, Deceased. (SPRINGFIELD MONARCH INSURANCE COMPANY, a Corporation, [Claimant] Appellant, v. J. HOWARD MORSE, JR., Administrator of the Estate of Howard Morse, Deceased, [Respondent] Appellee.) No. 43,514Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — […]

996 P.2d 321 STATE OF KANSAS, Appellee, v. TOD ALAN PABST, Appellant. No. 80,738Supreme Court of Kansas Opinion filed: February 11, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecutorial Misconduct — When Reversible Error. To predicate reversible error on prosecutorial misconduct the error must be of such a magnitude as to deny a […]

697 P.2d 865 HAROLD L. OWINGS and DIANE M. OWINGS, Plaintiffs/Appellants, v. TERRY V. GIFFORD, Defendant, v. WESTERN CASUALTY SURETY COMPANY, Third Party Defendant/Appellee. No. 56,923Supreme Court of Kansas Opinion filed April 5, 1985. SYLLABUS BY THE COURT 1. INSURANCE — General Liability Policy of Building Contractor — Exclusion Clause of Policy Interpreted Not to […]

449 P.2d 285 SYLVANUS G. FELIX, Plaintiff, v. CONSOLIDATED PETROLEUM, INC., Defendant, Appellee (in Receivership) and S B OIL WELL SERVICES, INC., Intervening Creditor in Receivership, Appellant. No. 45,208Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT 1. RECEIVERS — Assets Insufficient to Pay Claims — Interest Allowable. In insolvency proceedings, […]

699 P.2d 1002 NORTHWEST CENTRAL PIPELINE CORPORATION; KN ENERGY, INC.; AMOCO PRODUCTION COMPANY; and COLORADO INTERSTATE GAS COMPANY, Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, MICHAEL LENNEN, Chairman, RICHARD D. (Pete) LOUX, Commissioner, PHILLIP R. DICK, Commissioner, and their respective successors in office, Appellees. No. 56,917[1] Supreme Court of Kansas Opinion […]

586 P.2d 277 In the Interest of CLAY STEPHENS HAMLETT, A Minor Child, DOROTHY J. TALMAGE, Appellee, v. DEBORAH HAHN RANSOM, Appellant. No. 49,318Court of Appeals of Kansas Opinion filed November 9, 1978 SYLLABUS BY THE COURT 1. PARENT AND CHILD — Dependent and Neglected Child — Commencing Action. K.S.A. 1977 Supp. 38-816(a) and (b) […]

512 P.2d 320 ROSALIE ANN MENTZER, Appellee, v. GLENN E. MENTZER, Appellant. No. 46,804Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. JUDGMENTS — Voluntary Entry by Clerk on Appearance Docket — Not Entry of Judgment. In general it may be said that the voluntary and undirected entry by the […]

935 P.2d 1049 ALVAN D. JOHNSON, et al., Appellees, v. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellee/Cross-Appellant, and CITY OF MANHATTAN, Appellant. No. 76,374Supreme Court of Kansas Opinion filed April 18, 1997 SYLLABUS BY THE COURT KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM — Claim against KPERS Barred by Statute of Limitations under Facts of Case. In a […]

480 P.2d 749 SANDRA L. PERRENOUD, Appellee, v. DANIEL A. PERRENOUD, Appellant. DANIEL A. PERRENOUD, Appellee, v. SANDRA L. BROWN, formerly SANDRA L. PERRENOUD, Appellant. Nos. 45,957, 45,958Supreme Court of Kansas Opinion filed February 3, 1971. SYLLABUS BY THE COURT 1. DIVORCE — Valid Marriage Prerequisite to Jurisdiction. A valid marriage between the parties in […]

727 P.2d 440 DEAN R. LESSLEY, Appellee, v. SAMUEL A. HARDAGE, HARDAGE ENTERPRISES, INC., HARDAGE DEVELOPMENT CORPORATION, and HARDAGE CONSTRUCTION CORPORATION, Appellants. No. 58,337Supreme Court of Kansas Opinion filed October 31, 1986. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application. Summary judgment is proper if no genuine issue of fact remains, giving the benefit […]

807 P.2d 1319 DODSON AVIATION, INC., A Kansas Corporation, et al., Appellants, v. ROLLINS, BURDICK, HUNTER OF KANSAS, INC., A Kansas Corporation, et al., Appellees. No. 65,159Court of Appeals of Kansas Opinion filed March 15, 1991 SYLLABUS BY THE COURT 1. INSURANCE — Construction of Policy — Ambiguity — Liberal Construction in Favor of Insured. […]

101 P.3d 1218 STATE OF KANSAS, Appellee, v. THOMAS J. DRENNAN, JR., Appellant. No. 90,954.Supreme Court of Kansas. Opinion filed December 17, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Jury Instructions — Lesser Included Offense Instruction — No Objection to Trial Court’s Giving or Failing to Give Instruction — Appellate Review. Where a defendant […]

923 P.2d 1059 DARRYL PAYTON, Appellant, v. STATE OF KANSAS, Appellee. No. 74,487Court of Appeals of Kansas Opinion filed September 13, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Conversion of Sentence under Sentencing Guidelines — Felony Committed after July 1, 1993, and before March 24, 1994. K.S.A. 1993 Supp. 22-3717(f) and […]

454 P.2d 522 DORA M. TIMMERMAN, Appellant, v. EILERT A. SCHROEDER, Appellee. No. 45,333Supreme Court of Kansas Opinion filed May 17, 1969. SYLLABUS BY THE COURT 1. DAMAGES — Personal Injuries — Inadequate Award — Verdict Should Be Set Aside on Motion for New Trial. A verdict in a personal injury action limited to the […]

409 P.2d 800 THE CITY OF ULYSSES, KANSAS, and THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, KANSAS, Appellees, v. OTTO M. NEIDERT and MRS. OTTO M. NEIDERT, Appellants. No. 44,297Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. FRAUD — Statute of Limitations. An action for relief on the […]

466 P.2d 263 ARTHUR CRETEN and A-1 MOBILE HOMES VILLAGE, INC., Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF WYANDOTTE COUNTY, KANSAS, TEXTILANA NEASE, INC. and ALBERT C. BECKER, Appellees. No. 45,629Supreme Court of Kansas Opinion filed March 7, 1970. SYLLABUS BY THE COURT 1. ZONING — County Planning and Zoning Act — Reasonableness — […]

464 P.2d 154 CLYDE C. DAVIS and BETTY J. DAVIS, husband and wife; NAOMI DAVIS and CLYDE WESLEY DAVIS, minors, by and through their parents and next friends, CLYDE C. DAVIS and BETTY DAVIS, Appellees, v. CITY OF KANSAS CITY, KANSAS, a municipal corporation, Appellant, and CARL C. McCLINTIC, Defendant. No. 45,523Supreme Court of Kansas […]

254 P.2d 258 ROY GILLET et al., Appellees, v. JACK POWELL et al., Appellants. No. 38,827Supreme Court of Kansas Opinion filed March 7, 1953. SYLLABUS BY THE COURT 1. PARTITION — Oil, Gas and Minerals in Place — Sufficiency of Allegations. In an action by cotenants to partition oil and gas and other minerals in […]

666 P.2d 711 BRUCE L. KLINE, Plaintiff, v. MULTI-MEDIA CABLEVISION, INC., a South Carolina Corporation, Defendant. No. 55,403Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. CORPORATIONS — Liability of Corporation for Tort Committed by Employee. A corporation is liable for the torts of its agent when committed within the […]