Category: Kansas Court Opinions

67 P.3d 843 RITCHIE PAVING, INC., Appellant, v. CITY OF DEERFIELD, KANSAS, Appellee. No. 88,675.Supreme Court of Kansas Opinion filed January 24, 2003. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Motion to Dismiss for Failure to State Valid Claim for Relief–Determination–Appellate Review. On a motion to dismiss for failure to state a claim upon which […]

803 P.2d 1033 ARLENE EVANS, Appellee/Cross-Appellant, v. PROVIDENT LIFE ACCIDENT INSURANCE COMPANY, Appellant/Cross-Appellee. No. 64,689Court of Appeals of Kansas Opinion filed December 28, 1990 Aff’d in part, rev’d in part 249 Kan. 248, 815 P.2d 550 (1991). SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Final Decision for Purposes of Appeal — Procedural Rule Not […]

693 P.2d 1183 ANCO CONSTRUCTION COMPANY, LTD., A Corporation, Appellee, v. JERRY FREEMAN, Appellant. No. 56,680Supreme Court of Kansas Opinion filed January 26, 1985. SYLLABUS BY THE COURT 1. LABOR — Jurisdiction of Federal Law over Labor-Management Disputes — Exceptions to Rule that State Law Preempted by NLRA. With few exceptions, we have recognized that […]

19 P.3d 70 STATE OF KANSAS, Appellee, v. SANEXAY SOPHOPHONE, Appellant. No. 82,647Supreme Court of Kansas Opinion filed: March 9, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony-murder Doctrine. The felony-murder doctrine is established by K.S.A. 21-3401(b), which states: “Murder in the first degree is the killing of a human being committed . […]

665 P.2d 730 MARY ETTUS, Appellee/Appellant/Cross-Appellant/Cross-Appellee, v. ORKIN EXTERMINATING CO., INC., Appellant/Cross-Appellee, ALFRED L. HOHNBAUM, ETHEL M. HOHNBAUM, Appellees/Cross-Appellants, KEN BUELTEL d/b/a Ken Bueltel and Associates, Appellee, DANIEL MITCHELL, Special Administrator for the Estate of Wilbur T. Gorrell, Deceased, Appellee/Cross-Appellant. No. 54,467Supreme Court of Kansas Opinion filed June 10, 1983. SYLLABUS BY THE COURT 1. […]

61 P.3d 739 In the Matter of the Marriage of LARRY L. SELL, Appellant, and LYNN SELL, Appellee. No. 88,230.Court of Appeals of Kansas. Opinion filed January 24, 2003. SYLLABUS BY THE COURTPARENT AND CHILD — Child Support — Support beyond Child’s Reaching 18 Years of Age — Statutory Application. K.S.A. 2001 Supp. 60-1610(a)(1)(B) and […]

58 P.3d 757Court of Appeals of Kansas November 27, 2002 Title Docket Appeal Date of Decision Number From Decision Goldsmith v. State 86692 Cowley 11/27/2002 Affirmed State v. Hernandez 87330 Finney 11/27/2002 Affirmed in 87354 part, 87355 reversed in part, and remanded with directions Aldrich v. Ford 87385 Pratt 11/27/2002 Affirmed State v. Toney 87664 […]

485 P.2d 1297 SIGMA ALPHA EPSILON FRATERNAL ASS’N, a Corporation, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS, and BESSIE M. BENNETT, County Treasurer, Douglas County, Kansas, Appellees. ALPHA KAPPA LAMBDA BUILDING ASS’N, a Corporation, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS, and BESSIE M. BENNETT, County Treasurer, Douglas County, […]

28 P.3d 413 FARMERS GROUP, INC., FARMERS INSURANCE EXCHANGE, TRUCK INSURANCE EXCHANGE, FIRE INSURANCE EXCHANGE, MID-CENTURY INSURANCE COMPANY, FARMERS INSURANCE COMPANY, INC., and FARMERS NEW WORLD LIFE INSURANCE COMPANY, Appellants/Cross-appellees, v. TERRY G. LEE, Appellee, and CAROL N. ARNOLD, MAURICE W. BOURQUIN, DAWN R. LANSING, and DOUGLAS A. LANSING, Intervenors/Appellees/Cross-appellants. No. 85,354Court of Appeals of […]

391 P.2d 1021 O.F. BELIN, Appellant, v. LOWELL D. HOOVER and NEVIN E. ROHRER, Appellees. ALTA K. BELIN, Appellant, v. LOWELL D. HOOVER and NEVIN E. ROHRER, Appellees. No. 43,590, 43,591Supreme Court of Kansas Opinion filed May 9, 1964. SYLLABUS BY THE COURT PLEADING — Allegations of Agency — Sufficiency of Petition. A petition in […]

683 P.2d 454 BERNARD G. GONZALES and LAWANA L. GONZALES, Plaintiffs, v. GARY T. CALLISON and JUANITA R. CALLISON, Defendants and Third-Party Plaintiffs/Appellees, v. MARLYS MAJORS and SALLY PARKER, d/b/a D.C. CLARK REAL ESTATE COMPANY, Third-Party Defendants/Appellants, and DIRECTOR of KANSAS REAL ESTATE COMMISSION, Intervenor/Appellant. No. 56,050Court of Appeals of Kansas Opinion filed June 21, […]

478 P.2d 196 HOWARD B. ROBERTSON, Appellant, v. STATE OF KANSAS, Appellee. No. 45,929Supreme Court of Kansas Opinion filed December 12, 1970. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence Denied. The record on a motion for relief from judgment and sentence under K.S.A. 60-1507 is examined and it is […]

584 P.2d 130 DONALD GOLDEN, Appellee, v. CITY OF OVERLAND PARK, KANSAS, Appellant. No. 48,793Supreme Court of Kansas Opinion filed September 6, 1978. SYLLABUS BY THE COURT 1. ZONING — Comprehensive Plan — Legislative Capacity of Commission. A city in enacting a general zoning ordinance or a planning commission in adopting a comprehensive plan for […]

654 P.2d 934 STATE OF KANSAS, Appellee, v. FRANK MIESBAUER, Appellant. No. 53,986Supreme Court of Kansas Opinion filed December 3, 1982. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Search by Private Person Not Acting under State Authority — Application of Constitutional Proscriptions. The conduct of a private person acting independently and not under […]

282 P.2d 425 MARION D. COBLE, Appellee and Cross-Appellant, v. BRUCE WILLIAMS, d/b/a BRUCE WILLIAMS LABORATORIES, and EMPLOYERS CASUALTY COMPANY, Appellants and Cross-Appellees, NATIONAL LEAD COMPANY, ST. LOUIS SMELTING AND REFINING DIVISION, Cross-Appellee. No. 39,725Supreme Court of Kansas Opinion filed April 9, 1955. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Findings Supported by Evidence […]

967 P.2d 763 STATE OF KANSAS, Appellee, v. JOHN McGINNES, Appellant. No. 76,915Supreme Court of Kansas Opinion filed November 6, 1998. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Ex Parte Communication between Trial Judge and Jury — Violation of Defendant’s Constitutional Rights. An ex parte communication between a trial judge and a juror violates […]

602 P.2d 1279 BOYD BEEBE, Appellee, v. MARILYN JEAN CHAVEZ, Appellant. No. 49,743Supreme Court of Kansas Opinion filed December 1, 1979. SYLLABUS BY THE COURT PARENT AND CHILD — Custody Dispute — Habeas Corpus Proceeding — Constitutionality of Statutes — Jurisdiction of Court. In an action in habeas corpus involving the custody of a minor […]

360 P.2d 847 CLARENCE E. DAVIS, Appellant, v. JAMES N. REED, Appellee. No. 42,189Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Compensation Rights Not Asserted — Common Law Action Against Third Party — Limitation of Actions Statute Construed. When the injury to a workman for which compensation […]

905 P.2d 122 In the Matter of KENNETH P. SECK, Respondent. No. 73,196Supreme Court of Kansas Opinion filed November 3, 1995. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed November 3, 1995. Indefinite suspension. Marty M. Snyder, deputy disciplinary administrator, argued the cause, and […]

204 P.3d 1167 FIRST NATIONAL BANK IN BELLEVILLE, Appellee, v. SANKEY MOTORS, INC., a Kansas Corporation, RONALD SANKEY, RHONDA SANKEY, Defendants, CHRYSLER FINANCIAL COMPANY, LLC, Appellant, and REPUBLIC COUNTY, KANSAS, Defendant. No. 100,114.Court of Appeals of Kansas. Opinion filed April 3, 2009. SYLLABUS BY THE COURT1. JUDGMENTS — Default judgment — Court’s Determination Whether to […]

910 P.2d 212 STATE OF KANSAS, Appellant, v. DAVID C. BRYAN, Appellee. No. 73,978Supreme Court of Kansas Opinion filed January 26, 1996. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — General Rules. The constitutionality of a statute is presumed. All doubts must be resolved in favor of its validity, and before the act may […]

22 P.3d 597 STATE OF KANSAS, Appellant, v. DAVID L. McGILL, III, Appellee. No. 84,570Supreme Court of Kansas Opinion filed: April 20, 2001. SYLLABUS BY THE COURT CRIMINAL LAW — Probation — Revocation of Probation — Imposition of Sentence. Upon revocation of probation, K.S.A. 2000 Supp. 22-3716(b) grants jurisdiction to a sentencing court to impose […]

833 P.2d 138 GARST SEED COMPANY, Appellant, v. ROBERT D. WILSON, a/k/a BOB WILSON; COLLINGWOOD GRAIN, INC.; SOUTHWEST KANSAS NATIONAL BANK; and LOREN PUYEAR, Appellees. No. 67,133Court of Appeals of Kansas Opinion filed June 12, 1992 Petition for review denied 251 Kan. 937 (1992). SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Security Interest […]

952 P.2d 1289 STATE OF KANSAS, Appellee, v. GEORGE BAILEY, Appellant. Nos. 77,657, 77,805Supreme Court of Kansas Opinion filed January 23, 1998 SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Confrontation Clause — Effect on Admissibility of Hearsay Statements in Criminal Trial. The Confrontation Clause of the United States Constitution operates in two ways when […]

573 P.2d 628 HELEN ZOE BRADLEY, Appellee, v. The Estate of Nita Jackson, Deceased, EARL SAPP, Executor, Appellant. No. 48,735Court of Appeals of Kansas Opinion filed December 9, 1977 SYLLABUS BY THE COURT WILLS — Construction of Residuary Clause — “My Lawful Heirs” — Per Stripes Distribution. In an action for the construction of a […]

732 P.2d 797 CLAUDE H. TROTTER, Trustee, and H. DARBY TROTTER, Appellants, v. WELLS PETROLEUM CORPORATION, GEORGE A. DURGOM, MAX FINK, NATHANIEL WEISBAUM, PHILLIP WEISBAUM, and JACK WIDEMAN, Appellees. No. 59,302Court of Appeals of Kansas Opinion filed February 12, 1987 SYLLABUS BY THE COURT 1. OIL AND GAS — Surface Rights of Lessee. An oil […]

533 P.2d 278 HARRY JACK BLOOMER, Appellant, v. STATE OF KANSAS, Appellee. No. 47,573Supreme Court of Kansas Opinion filed March 1, 1975. MEMORANDUM OPINION CRIMINAL LAW — Postconviction Motion — No Error. Appeal from Ellis district court; BENEDICT P. CRUISE, judge. Opinion filed March 1, 1975. Affirmed. Edward Larson, of Hays, was on the brief […]

434 P.2d 316 STATE OF KANSAS, Appellant, v. THOMAS M. KIDWELL, Appellee. No. 44,977Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT 1. WITNESSES — Character Witness — Scope of Cross-examination. The provisions of K.S.A. 60-447 do not restrict cross-examination of a character witness called by defendant in a criminal trial […]

156 P.3d 675 STATE OF KANSAS, Appellee, v. JAMES LANDIS, Appellant. No. 95,466.Court of Appeals of Kansas. Opinion filed March 16, 2007. Petition for review denied 284 Kan. 949 (2007). SYLLABUS BY THE COURT1. SEARCH AND SEIZURE — Search Warrant — Probable Cause Determination — Duty of Issuing Magistrate. In determining whether probable cause exists […]

585 P.2d 993 OPAL N. CURTIS and NOBLE E. FREDEN, Appellants, v. DEAN S. FREDEN and MARION J. FREDEN, Appellees. No. 48,884Supreme Court of Kansas Opinion filed October 28, 1978. SYLLABUS BY THE COURT DEEDS — Action to Set Aside — Competency of Grantor — Challenge of Breach of Confidential Relationship — Challenge of Withholding […]

223 P.2d 745 CLARENCE ELMER LOWE, Appellee, v. ARTHUR A. HERRICK, State Director of Alcoholic Beverage Control, Appellant. No. 37,949Supreme Court of Kansas Opinion filed November 10, 1950. SYLLABUS BY THE COURT INTOXICATING LIQUOR — Liquor Control Act — Requirements for License. A person who has twice been arrested and has forfeited his bond for […]

290 P.2d 1009 WILLIAM H. ENGLING, Appellant, v. THE STATE OF KANSAS, Appellee. No. 39,827Supreme Court of Kansas Opinion filed December 10, 1955. SYLLABUS BY THE COURT 1. CORAM NOBIS — Questions of Law or Trial Errors. A writ of error coram nobis is not available to raise questions of law or trial errors which […]

478 P.2d 194 AL YOUNG, Appellant, v. STATE OF KANSAS, Appellee. No. 45,901Supreme Court of Kansas Opinion filed December 12, 1970. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Questions Not Presented to Trial Court — No Review. This court will not for the first time consider questions on appeal which have not been […]

69 P.3d 1105 STATE OF KANSAS, Appellee, v. DENNIS W. HARPER, Appellant. No. 88,724.Supreme Court of Kansas Opinion filed May 30, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Computation of Sentence, Parole Eligibility, and Conditional Release Dates. Under Kansas law, a judge who sentences a defendant to confinement is required to grant […]

900 P.2d 860 In the Matter of the Marriage of BLANE WILLIAMS, Appellant, and RUBY M. WILLIAMS, Appellee. No. 73,239Court of Appeals of Kansas Opinion filed August 4, 1995 SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — When Judgment is Extinguished. A child support judgment may not be extinguished until two […]

98 P.3d 303 U.S.D. NO. 215 v. McGLYNN. No. 91,310Court of Appeals of Kansas October 1, 2004. Appeal from the Kearney. Decision Without Published Opinion. Affirmed.

670 P.2d 916 IN THE MATTER OF BEN DAVID ROSELLI. Bar Docket No. 09863Supreme Court of Kansas October 21, 1983 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Voluntary Surrender of Certificate — Disbarment. WHEREAS, Ben David Roselli is an attorney admitted to practice law in the State of Kansas, and WHEREAS, on the 17th day […]

342 P.2d 190 MARGARET TAYLOR, Appellant, v. HAL R. TAYLOR, SR., Appellee. No. 41,572Supreme Court of Kansas Opinion filed July 10, 1959. SYLLABUS BY THE COURT ATTORNEYS — Attorneys from Other States — Failure to Comply with Supreme Court Rules. A petition in a divorce suit was filed on behalf of a wife by an […]

229 P.2d 751 L.M. FYLER and HANNAH J. FYLER, Appellees, v. B.B. HARTNESS and LILLIAN HARTNESS, Appellants. No. 38,211Supreme Court of Kansas Opinion filed April 7, 1951. SYLLABUS BY THE COURT BOUNDARIES — Action to Quiet Title — Establishment by Agreement. In an action to quiet title to a disputed strip of ground between two […]

800 P.2d 143 In the Matter of DAVID H. HEILMAN, Petitioner. Bar Docket No. 04843Supreme Court of Kansas August 6, 1990 ORDER OF REINSTATEMENT ATTORNEY AND CLIENT — Reinstatement to Practice Law. On the 25th day of October, 1985, in response to a show cause order, David H. Heilman appeared before this court and advised […]

920 P.2d 939 THURMA J. JONES, Claimant, v. CONTINENTAL CAN COMPANY and AETNA LIFE CASUALTY COMPANY, Appellees, and KANSAS WORKERS COMPENSATION FUND, Appellant. No. 75,333Supreme Court of Kansas Opinion filed July 12, 1996. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Right to Appeal — Statutory Not Constitutional Right. The right to appeal is entirely […]

850 P.2d 269 PASQUALE SANTANIELLO and JENNIE SANTANIELLO, Appellees, v. CHERYL SANTANIELLO, Appellant. No. 68,011[1] Court of Appeals of Kansas Opinion filed December 11, 1992 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated March 16, 1993, pursuant to Rule 7.04 (1992 Kan. […]

85 P.3d 1183 LARRY D. HYSTEN, Plaintiff, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Defendant. No. 90,730.Supreme Court of Kansas. Opinion filed March 19, 2004. SYLLABUS BY THE COURT1. TORTS — Retaliatory Discharge of Employee for Exercising Rights under Federal Employers Liability Act — Kansas Alternative Remedies Doctrine Does Not Prohibit Tort Action. Independent of […]

545 P.2d 303 STATE OF KANSAS, Appellee, v. GARY W. BOWERS, Appellant. No. 47,988Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT CRIMINAL LAW — Defendant Testifying as a Witness — Biographical Data — Evidence of Character Traits — Cross-examination. One purpose of K.S.A. 60-447 is to allow a criminal defendant […]

356 P.2d 856 In re Estate of Frank Teeter, Deceased. (R.S. TEETER and C.H. TEETER, Appellees, v. ALBERT MILLER, Guardian of the Estate of FERN MILLER, an incompetent person; DOROTHY VAN MARTER, BERTHA NOWKA, BESSIE MEYER, and C.H. BAALMAN, Administrator of the Estate of Frank Teeter, Deceased, Appellants.) No. 41,876Supreme Court of Kansas Opinion filed […]

613 P.2d 389 GARY L. BROOKS, Appellee and Cross-Appellant, v. SAM LOCHNER BUILDERS, INC., Appellant and Cross-Appellee, and THE KANSAS WORKMEN’S COMPENSATION FUND. No. 51,743Court of Appeals of Kansas Opinion filed July 3, 1980 SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Application of Act — Burden of Proof. In an appeal from a district court […]

599 P.2d 320 STANLEY RICHARDSON, Appellant, v. MARSHA D. RICHARDSON, Appellee. No. 50,199Court of Appeals of Kansas Opinion filed September 7, 1979 Petition for review denied November 7, 1979. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Relief from Judgment — Nunc Pro Tunc Order. An order nunc pro tunc is generally appropriate only in […]

10 P.3d 16 STATE OF KANSAS, Appellee, v. MICHAEL STEVEN LUTTER, Appellant. No. 82,668Court of Appeals of Kansas Opinion filed August 4, 2000. Petition for review denied 270 Kan. 902 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Resisting Arrest by Uniformed Officer — Self-defense Instruction Not Available. A self-defense instruction is not generally […]

372 P.2d 993 EMERY MILLER, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee. No. 43,051Supreme Court of Kansas Opinion filed July 7, 1962. SYLLABUS BY THE COURT HABEAS CORPUS — Written Waiver of Counsel — Waiver Executed After Sentence. In an appeal from a denial of a petition for a writ […]

561 P.2d 428 STATE OF KANSAS, Appellee, v. PASCUAL F. VILLA and VINCENT VILLA, Appellants. No. 48,292Supreme Court of Kansas Opinion filed March 5, 1977. SYLLABUS BY THE COURT 1. EVIDENCE — Photographs Showing Extent of Wounds — When Admissible. In a crime of violence which results in death, photographs which serve to illustrate the […]

290 P.2d 809 ALVIN P. REDMON, doing business as Redmon Truck Lines and THE KANSAS CITY FIRE AND MARINE INSURANCE COMPANY, a Corporation, Appellants, v. M.B. SALISBURY COMPANY, INC., a Corporation, Appellee. No. 39,911Supreme Court of Kansas Opinion filed December 10, 1955. SYLLABUS BY THE COURT NEGLIGENCE — Contributory Negligence — Subrogation — Sufficiency of […]

340 P.2d 899 THE COMMERCIAL NATIONAL BANK OF KANSAS CITY, KANSAS, a Corporation, Appellee, v. D.R. MARTIN, et al., Defendants; VIOLET L. DeVORE and VIOLET L. DeVORE, Executrix of the Estate of Howard R. DeVore, Deceased, Appellant. No. 41,452Supreme Court of Kansas Opinion filed June 13, 1959. SYLLABUS BY THE COURT WILLS — Quiet Title […]

59 P.3d 1025 In the Matter of the Marriage of DIANE M. ALLEY (formerly Brotherton), Appellant, and RICKY L. BROTHERTON, Appellee. No. 88,156Court of Appeals of Kansas Opinion filed: November 27, 2002. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Personal Jurisdiction — Party Cannot Present Case and Then Claim Lack of Personal Jurisdiction When […]

233 P.2d 750 GREELEY WILLIAM MEREDITH, Appellee, v. SHAWVER GRAHAM, INC., and CONSOLIDATED UNDERWRITERS, Appellants. No. 38,391Supreme Court of Kansas Opinion filed July 3, 1951. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Modification of Award. G.S. 1949, 44-528 which permits a review and modification of awards by the workmen’s compensation commissioner before final payment […]

642 P.2d 113 JAMES B. MASSON, II, et al., Appellees, v. KANSAS CITY POWER LIGHT COMPANY, Appellant. FRED A. FREY, et al., Appellees, v. KANSAS CITY POWER LIGHT COMPANY, Appellant. Nos. 52,167, 52,188Court of Appeals of Kansas Opinion filed March 5, 1982 Petition for review denied May 24, 1982. SYLLABUS BY THE COURT 1. EMINENT […]

339 P.2d 45 STATE OF KANSAS, Appellee, v. FRANK BAILEY, Appellant. No. 41,319Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving While Drunk — Blood Tests — Presumption. In a criminal action charging a defendant with unlawfully driving a motor vehicle upon a public highway while […]

283 P.2d 455 VERNA BRANSTETTER, Appellant and Cross-Appellee, v. RICHARD W. ROBBINS and EDWARD ROBBINS, doing business as Robbins Ranch; RICHARD W. ROBBINS and EDWARD ROBBINS, Appellees and Cross-Appellants. No. 39,534Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — Latent Defects — Disclosure — Liability. In […]

736 P.2d 894 SOUTHWEST NATIONAL BANK OF WICHITA, Appellee, v. ATG CONSTRUCTION MANAGEMENT, INC., et al., Defendants; and STAR LUMBER SUPPLY COMPANY, INC.; and VALENTINE ROOFING AND WATERPROOFING, INC., Appellants. No. 59,376Supreme Court of Kansas Opinion filed May 1, 1987. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings of Fact and Conclusions of […]

498 P.2d 83 RUTH BAIRD, Appellee, v. CHARLES ELMER BAIRD, Appellant. No. 46,386Supreme Court of Kansas Opinion filed June 10, 1972. SYLLABUS BY THE COURT DIVORCE — Proceeding to Modify Divorce Decree as to Alimony — Separation Agreement. The record in a proceeding to modify a divorce decree with respect to alimony granted on a […]

27 P.3d 934 FIRST SAVINGS BANK, F.S.B., Appellant/Cross-appellee, v. DARRIN E. FREY and PAULA L. KELLY-FREY, Appellees/Cross-appellants. No. 85,905Court of Appeals of Kansas Opinion filed: July 6, 2001. SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Appellate Review. The interpretation of written instruments is a matter of law, and an appellate court exercises […]

486 P.2d 1394 DANA LAWRENCE, Minor Child, by and through Her Mother and Next Friend, BRENDA JOYCE LAWRENCE, Appellant, v. COLEMAN EARL BOYD, Appellee. No. 46,054Supreme Court of Kansas Opinion filed July 16, 1971. SYLLABUS BY THE COURT 1. PARTIES — Purpose of Real Party in Interest Statute. The purpose of the real party in […]

527 P.2d 952 THE STATE OF KANSAS, ex rel., LEONARD J. DIX, COUNTY ATTORNEY OF ROOKS COUNTY, KANSAS, et al., Appellee and Cross-Appellants, v. THE BOARD OF EDUCATION OF THE STATE OF KANSAS, et al., Appellants and Cross-Appellees. No. 47,389Supreme Court of Kansas Opinion filed November 2, 1974. SYLLABUS BY THE COURT 1. SCHOOLS — […]

394 P.2d 114 STATE OF KANSAS, Appellee, v. GEORGE ADAMS, Appellant. No. 43,899Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Notice of Appeal — Trial Errors — Necessity for Appeal From Order Overruling Motion for New Trial. Matters specified as error, in order to be […]

113 P.3d 834 ERVIN v. KANSAS STATE BD. OF TECHNICAL PROFESSIONS. No. 92,821.Court of Appeals of Kansas. June 24, 2005. Appeal from Shawnee. Decision without published opinion. Affirmed.

197 P.3d 837 STATE OF KANSAS, Appellee, v. ANTHONY D. CONLEY, Appellant. No. 99,279.Supreme Court of Kansas. Opinion filed December 19, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Illegal Sentence — Doctrine of Res Judicata Applicable to Motion to Correct Illegal Sentence. The doctrine of res judicata is applicable to a motion to correct […]

130 P.3d 85 STATE OF KANSAS, Appellee, v. RANDY BRYAN, Appellant. No. 90,881.Supreme Court of Kansas. Opinion filed March 17, 2006. SYLLABUS BY THE COURT1. STATUTES — Construction — General Rules. Rules of statutory construction are discussed. 2. CRIMINAL LAW — Lewd and Lascivious Behavior — Legislative Intent to Criminalize Certain Behavior Even if Intended […]

290 P.2d 1028 ELCIE LEONA BLAIR, Appellee, v. AUTOMOBILE OWNERS SAFETY INSURANCE COMPANY, a Corporation, Appellant. No. 39,892Supreme Court of Kansas Opinion filed December 10, 1955. SYLLABUS BY THE COURT 1. INSURANCE — Where Policy Not Ambiguous — Construction. Courts should not be astute to evade the meaning of words manifestly intended by the parties, […]

114 P.3d 182 MILLIE K. CASEY, Appellant, v. DILLON COMPANIES, INC., Appellee. No. 93,302.Court of Appeals of Kansas. Opinion filed July 1, 2005. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Compensable Injuries under Workers Compensation Act — Hybrid Conditions. Some compensable injuries under the Kansas Workers Compensation Act are hybrid conditions that have some elements […]

722 P.2d 518 STATE OF KANSAS, Appellee, v. LONNIE STEWART McKIBBEN, Appellant. No. 58,205Supreme Court of Kansas Opinion filed July 18, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Venue — Determination of Venue When Cause of Death Inflicted in County other than in County Where Death Occurs. Pursuant to K.S.A. 22-2611, when the […]

362 P.2d 60 WALTER HENDERSON, Appellant, v. KANSAS POWER LIGHT COMPANY, a Corporation, Appellee. No. 42,274Supreme Court of Kansas Opinion filed May 13, 1961. SYLLABUS BY THE COURT 1. DAMAGES — Inadequacy of Damages — New Trial. In the absence of a statute to the contrary, the general rule is that in a personal-injury action […]

375 P.2d 636 JOHN BYERS, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee. No. 42,910Supreme Court of Kansas Opinion filed November 3, 1962. SYLLABUS BY THE COURT APPEAL AND ERROR — Failure to Comply with Rule No. 5 — Appeal Dismissed. Rule number 5 of this court requires that the appellant’s […]

379 P.2d 292 CHARLES B. WILLIAMS and BARBARA WILLIAMS, Appellants, v. DR. FRANK L. MENEHAN, DR. C.T. HAGAN and DR. RAY T. PARMLEY, Appellees. No. 42,633Supreme Court of Kansas Opinion filed March 2, 1963. SYLLABUS BY THE COURT MALPRACTICE — Cardiac Catheterization — Diagnostic Procedure Given — Demurrer to Evidence. In an action for damages […]

557 P.2d 1292 STATE OF KANSAS, Appellee, v. EUGENE MOSS, Appellant. No. 48,149Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Theft — Value of Property Taken — Burden of Proof. To prove a charge of felony theft under K.S.A. 21-3701 or attempted felony theft the […]

675 P.2d 906 OLETA BANISTER, Appellant, v. DR. JOHN C. CARNES, Appellee. No. 55,538Court of Appeals of Kansas Opinion filed December 29, 1983 SYLLABUS BY THE COURT 1. SMALL CLAIMS PROCEDURE — Jurisdiction of Court — Malpractice Action Can Be Brought in Small Claims Court. The small claims court’s general jurisdiction, as referred to in […]

506 P.2d 1163 CLINTON C. MARKER, Appellant, v. PREFERRED FIRE INSURANCE COMPANY and ARNOLD JOHNSON, Appellees. No. 46,606Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT 1. INSURANCE — Promise to Notify of Expiration Date — No Breach of Contract — Consideration. An insurance broker who promises to notify another of […]

350 P.2d 128 ROBERT C. WEATHERS, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee. No. 41,735Supreme Court of Kansas Opinion filed March 5, 1960. SYLLABUS BY THE COURT HABEAS CORPUS — Uncorroborated Statements — As to Conduct of Arresting Officers — Indeterminate Sentence Law — Validity. The record in an appeal […]

400 P.2d 689 M.W. WATSON, INC., Appellee, v. THE CITY OF TOPEKA, A MUNICIPAL CORPORATION, Appellant. No. 43,980Supreme Court of Kansas Opinion filed April 10, 1965. SYLLABUS BY THE COURT 1. INJUNCTION — Suit by Private Individual — Action to Restrain Enforcement of Ordinance — Sufficiency of Interest. A private individual, who sustains damage different […]

726 P.2d 282 UTILITY TRAILERS OF WICHITA, INC., Appellee, v. CITIZENS NATIONAL BANK TRUST COMPANY, EMPORIA, KANSAS, Appellant. No. 58,609[1] Court of Appeals of Kansas Opinion filed August 21, 1986 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 23, 1986, pursuant […]

661 P.2d 798 STATE OF KANSAS, Appellee, v. MICHELLE E. HECK, Appellant. No. 53,324Court of Appeals of Kansas Opinion filed April 7, 1983 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Special Prosecutor — Appointment — Authorization by Chairman of Board of County Commissioners. The authorization of a special prosecutor by the Board of County […]

654 P.2d 947 STATE OF KANSAS, Appellee, v. WILLIS PERRY TYUS, Appellant. No. 54,071Supreme Court of Kansas Opinion filed December 3, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Eyewitness Identification — Jury Instruction. In a criminal action in which eyewitness identification is a critical part of the prosecution’s case and there is a […]