Category: Kansas Court Opinions

912 P.2d 176 In The Matter of KENNETH F. CROCKETT, Respondent. No. 75,207Supreme Court of Kansas Opinion filed March 8, 1996. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed March 8, 1996. One-year suspension. Marty M. Snyder, deputy disciplinary administrator, argued the cause, and […]

399 P.2d 850 In the Matter of the Estate of Gertrude McCourt Shirk (Deceased). BETTY SHIRK, Appellee, v. WILLIAM S. SHIRK, Executor, et al., Appellants. No. 43,925Supreme Court of Kansas Opinion filed March 6, 1965. SYLLABUS BY THE COURT 1. SPECIFIC PERFORMANCE — Oral Contract With Person Since Deceased — Sufficiency of Evidence. When an […]

610 P.2d 580 PHILLIP EUGENE WENDLING, Appellee, v. TED PULS and GEORGE WATSON, Appellants. No. 50,522Supreme Court of Kansas Opinion filed May 10, 1980. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Construction — Good Faith — Reasonable Time for Taking Action. The Uniform Commercial Code is to be liberally construed (K.S.A. 84-1-102) and […]

728 P.2d 402 STATE OF KANSAS, Appellee, v. KIM DODD, Appellant. No. 58,773Court of Appeals of Kansas Opinion filed November 20, 1986 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Unlawful Possession of Firearm — Prior Felony Conviction as Element of Crime May Not Be Used to Invoke Habitual Criminal Act. The crime of unlawful […]

298 P.2d 316 DR. MANUEL M. MARKS, Appellant, v. DR. WAYNE E. FRANTZ, DR. J.C. RUST, DR. EDWIN C. CATHERS, individually and as members of the Kansas State Board of Examiners in Optometry and WENDELL D. WALDIE, DEAN L. BABB and WARNER MOORE, Appellees. No. 39,823Supreme Court of Kansas Opinion filed June 9, 1956. SYLLABUS […]

219 P.2d 1071 STATE OF KANSAS, ex rel., L.E. WELTMER, County Attorney of Jewell County, Kansas, Appellant, v. THE MONTROSE RURAL HIGH SCHOOL DISTRICT OF JEWELL COUNTY, KANSAS; A.T. MENHUSEN, County Superintendent of Public Instruction of Jewell County, Kansas; ROY E. WALLACE, CLARENCE M. AHRENS and GUS BERNARD, as the Board of County Commissioners of […]

340 P.2d 390 THE STATE OF KANSAS, Appellee, v. REX HAMILTON, Appellant. No. 41,434Supreme Court of Kansas Opinion filed June 13, 1959. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appeal from Order Overruling Motion for New Trial — Ruling Must be Specified as Error. In order for the supreme court to review alleged […]

403 P.2d 122 LLOYD WILLIAM HUSTON, Appellant, v. STATE OF KANSAS, Appellee. No. 44,170Supreme Court of Kansas Opinion filed June 12, 1965. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appointing Counsel — Compliance with Statutory Requirements — Uncorroborated Statements. In a criminal action where counsel is appointed to represent an accused who is sentenced […]

114 P.3d 191 IN RE MARRIAGE OF BEACHY. No. 93,149.Court of Appeals of Kansas. July 1, 2005. Appeal from the Johnson. Decision without published opinion. Affirmed.

547 P.2d 786 STATE OF KANSAS, ex rel. CURT T. SCHNEIDER, Attorney General, Appellant, v. ROBERT F. BENNETT, Governor of the State of Kansas, et al., Appellees. No. 48,212Supreme Court of Kansas Opinion filed March 6, 1976. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Separation of Powers Doctrine — When Legislators May Serve on […]

626 P.2d 223 CONFINEMENT SPECIALISTS, INC., and HEDLUND ELECTRIC, INC., Appellants, v. J. CHRIS SCHLATTER, DONNA JEAN SCHLATTER, HOME STATE BANK TRUST COMPANY, FIRST NATIONAL BANK OF HUTCHINSON, KANSAS, DALE CAIN, LACKEY SANITATION, INC., and MALM CONSTRUCTION CO., INC., Appellees. No. 51,194Court of Appeals of Kansas Opinion filed April 10, 1981 Petition for review denied […]

433 P.2d 464 WILBER S. GRIFFIN, Guardian of the person and estate of ANN WHAN, an incompetent person, Appellant, v. MARY PRICE, Appellee. No. 44,801Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings of Court — Evidence to Support. An appellate court is not concerned […]

147 P.3d 143 In the Matter of DANIEL HEATH LAMPSON, Respondent. No. 96,884.Supreme Court of Kansas. Opinion filed December 8, 2006. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed December 8, 2006. Indefinite suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause, and […]

72 P.3d 552 In the Matter of LISA ANN BAILEY, Respondent. No. 82,940.Supreme Court of Kansas. June 13, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — Probation Successfully Completed. ORDER On October 29, 1999, this court placed the respondent, Lisa Ann Bailey, on supervised probation for a 2-year period. See In re Bailey, 268 Kan. […]

282 P.2d 446 Peter Komarek Estate, EDREE CAROLD HANEY and NATHALIE DELILAH MILLS, Appellees, v. SALLIE KOMAREK, Appellant. No. 39,643Supreme Court of Kansas Opinion filed April 9, 1955. SYLLABUS BY THE COURT WILLS — Contract to Will — Remarriage of Promisor — Effect on Contract and Antenuptial Agreement. In a case where a father and […]

56 P.3d 829 KURT F. KLUIN, APPELLANT, v. AMERICAN SUZUKI MOTOR CORPORATION, APPELLEE. Supreme Court of Kansas[1] No. 87,935 Opinion filed: November 1, 2002. [1] REPORTER’S NOTE: Hon. Edward Larson became a Senior Judge upon his retirement from the Supreme Court effective September 4, 2002. Pursuant to the authority vested in the Supreme Court by […]

107 P.3d 445 DAVID A. NORLIN, Appellant, v. BOARD OF TRUSTEES OF THE CLOUD COUNTY COMMUNITY COLLEGE, CLOUD COUNTY, KANSAS, Appellee. No. 91,309.Court of Appeals of Kansas. Opinion filed September 17, 2004. SYLLABUS BY THE COURT1. SCHOOLS — Teachers’ Contracts — Continuing Contract Law — Construction. K.S.A. 72-5410 et seq. is construed and applied. 2. […]

748 P.2d 883 THE CITY OF MERRIAM, KANSAS, a Municipal Corporation, and EXECUTIVE AFFILIATES, INC., a Corporation, Appellees, v. BOARD OF ZONING APPEALS OF THE CITY OF MERRIAM, KANSAS, Appellant, v. METROPLEX BUSINESS COMMUNICATIONS GROUP, LTD. Intervenor/Appellant. No. 60,637Supreme Court of Kansas Opinion filed January 15, 1988. SYLLABUS BY THE COURT 1. ZONING — State […]

535 P.2d 908 JAY C. STORTS, Appellant, v. MARTIN K. EBY CONSTRUCTION COMPANY, Appellee. No. 47,553Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. CONTRACTS — Necessity for Meeting of the Minds. In order for parties to form a binding contract there must be a meeting of the minds as […]

311 P.2d 1009 CHARLES W. WILSON, Petitioner, v. TRACY HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Respondent. No. 40,580Supreme Court of Kansas Opinion filed June 8, 1957. SYLLABUS BY THE COURT HABEAS CORPUS — Grounds — Uncorroborated Statements — Necessity of Raising Question on Appeal. The record examined in a habeas corpus proceeding wherein the […]

770 P.2d 842 In the Matter of LEO N. JOHNSON, Petitioner. Bar Docket No. 05860Supreme Court of Kansas March 20, 1989 ORDER OF REINSTATEMENT ATTORNEY AND CLIENT — Reinstatement to Practice Law. On the 8th day of March, 1979, Leo N. Johnson was indefinitely suspended from the practice of law in Kansas. In re Johnson, […]

326 P.2d 273 BEVERLY VILANDER, Appellee, v. A.J. HAWKINSON and PETE HAWKINSON, Appellants. No. 40,982Supreme Court of Kansas Opinion filed June 7, 1958. SYLLABUS BY THE COURT 1. NEW TRIAL — Defined. By statute (G.S. 1949, 60-3001) a new trial is defined as being a re-examination in the same court of an issue of fact […]

973 P.2d 794 STATE OF KANSAS, Appellee, v. ANTAWIN B. LYONS, Appellant. No. 79,375Supreme Court of Kansas Opinion Filed January 22, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Evidence — Erroneous Admission — Timely Objection Rule — Appellate Review. A verdict or finding shall not be set aside, nor shall the judgment or […]

533 P.2d 1342 STATE OF KANSAS, Appellee, v. RONALD E. CARSON, Appellant. No. 47,593Supreme Court of Kansas Opinion filed April 5, 1975. SYLLABUS BY THE COURT 1. EVIDENCE — Report of Blood Test — No Exception to Hearsay Rule — For Admission Foundation Must be Laid. No exception to the hearsay rule exists with respect […]

245 P.2d 973 LLOYD MARCHANT and NELLIE MARCHANT, Appellants, v. CAROLINE M. LAYTON, Appellee. No. 38,697Supreme Court of Kansas Opinion filed July 3, 1952. SYLLABUS BY THE COURT APPEAL AND ERROR — Appealable Orders — Demurrer. The answer, to an action for cancellation of an oil and gas lease and for damages for improper operation […]

538 P.2d 678 STATE OF KANSAS, Appellee, v. EVIE RAY LOHRBACH, Appellant. No. 47,628Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prior Convictions — Insanity — Admissibility. Pursuant to the provisions of K.S.A. 60-455, evidence of previous convictions is admissible as bearing on the issue of […]

66 P.3d 944Court of Appeals of Kansas April 4, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Lee 87,626 Sedgwick 04/04/2003 Affirmed Wilson v. Kansas 87,745 Geary 04/04/2003 Affirmed Dept. of Health and Environment State v. Gresham 87,767 Sedgwick 04/04/2003 Affirmed State v. Atkinson 87,805 Sedgwick 04/04/2003 Affirmed State v. Lopez […]

613 P.2d 970 In the Interest of GREGORY A. FLOURNOY, a minor. No. 51,772Court of Appeals of Kansas Opinion filed July 18, 1980 SYLLABUS BY THE COURT 1. STATUTES — Mandatory or Directive Nature — General Rules. In determining whether a provision of a statute is mandatory or directory, it is a general rule that […]

771 P.2d 71 DOUGLAS SAMSEL, Plaintiff, v. WHEELER TRANSPORT SERVICES, INC., DON C. HILGENFELD, and GREAT WEST CASUALTY COMPANY, Defendants. No. 62,983Supreme Court of Kansas Opinion filed March 30, 1989. TORTS — Personal Injury Action — Limitation on Damages for Pain and Suffering — Constitutionality of Limitation — Certified Question. On certification of a question […]

832 P.2d 347 IN THE MATTER OF STEPHEN H. WILSON, Respondent. No. 67,109Supreme Court of Kansas Opinion filed May 22, 1992. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed May 22, 1992. Indefinite suspension. Bruce E. Miller, disciplinary administrator, argued the cause and was […]

106 P.3d 1139 CITY OF SALINA, Appellant, v. JOHN LEROY AMADOR, Appellee. No. 90,166.Supreme Court of Kansas. Opinion Filed March 4, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Double Jeopardy — Dismissal of Charges — Appellate Review. Review of the district court’s dismissal of a defendant’s charges based upon double jeopardy is a question […]

684 P.2d 1036 IN THE MATTER OF THE APPEAL OF HARLAN R. BLACK, dba BLACK’S WELDING SERVICE FROM A SALES TAX ASSESSMENT DATED JANUARY 28, 1983, FOR THE PERIOD OF JANUARY 1, 1980, THROUGH DECEMBER 31, 1982, IN THE AMOUNT OF $1,563.84 TAX, AND INTEREST IN THE AMOUNT OF $396.29 FOR A TOTAL ASSESSMENT OF […]

915 P.2d 109 STATE OF KANSAS, Appellee, v. Roy L. JENSEN, Appellant. STATE OF KANSAS, Appellant, v. Roy L. JENSEN, Appellee. STATE OF KANSAS, Appellant, v. HOWARD SCOTT SIMPSON, Appellee. No. 73,406; 73,467; 73,578Supreme Court of Kansas Opinion filed on April 19, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Search Warrant — Challenge […]

111 P.3d 182 DAVID E. BOTKIN, et al., Appellees, v. SECURITY STATE BANK, WELLINGTON, KANSAS, A KANSAS CORPORATION, Appellant. No. 92,380.Court of Appeals of Kansas. Opinion filed May 13, 2005. Petition for review granted 280 Kan. ___ (September 20, 2005). SYLLABUS BY THE COURT1. CONTRACTS — Statute of Frauds — Written Document’s Compliance with Statute […]

33 P.3d 596 STATE OF KANSAS, Appellee, v. JOHN A. SANDERS, Appellant. No. 84,843Supreme Court of Kansas Opinion filed: October 26, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession — Voluntariness — Appellate Review. The ultimate issue of voluntariness of a confession is a legal question requiring independent appellate determination. 2. SAME — […]

389 P.2d 792 G.N. GLENN d/b/a THE GLENN AGENCY, Appellant, v. WILLIAM LUKENBILL, Appellee. No. 43,408Supreme Court of Kansas Opinion filed March 7, 1964. SYLLABUS BY THE COURT 1. BILLS AND NOTES — N.I.L. Complete Codification. The Uniform Negotiable Instruments Law adopted in Kansas in 1905 is a complete codification of the law of commercial […]

44 P.3d 1253 AMERICAN TRUST ADMINISTRATORS, INC., Appellant/Cross-appellee, v. KATHLEEN SEBELIUS, as the Commissioner of Insurance for the State of Kansas, Appellee/Cross-appellant. No. 86,801Supreme Court of Kansas Opinion filed: April 26, 2002. SYLLABUS BY THE COURT INSURANCE — Commissioner of Insurance — Authority to Regulate Stop-loss Insurance Offered to Self-funded Employer Health Plans — commissioner’s […]

578 P.2d 1095 PLAINS TRANSPORT OF KANSAS, INC., Appellant, v. WALTER L. KING, d/b/a KING BROTHERS OIL COMPANY, and GARY L. KING, Appellees. No. 48,582Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Expert Witness — Qualifications. The purpose of an expert witness is to aid the […]

657 P.2d 1139 STATE OF KANSAS, Appellee, v. MICHAEL JOHNSON, Appellant. No. 54,686Court of Appeals of Kansas Opinion filed February 10, 1983 Petition for review denied 233 Kan. 1093 (1983). SYLLABUS BY THE COURT 1. CRIMINAL LAW — “Dangerous Weapon” Construed. An object can be a dangerous weapon if intended by the user to convince […]

215 P.2d 140 LEO FRUIT, Appellee and Cross-appellant, v. CARL STACY, doing business as Stacy Motor Company, Appellant, and Cross-appellee. No. 37,786Supreme Court of Kansas Opinion filed February 28, 1950. SYLLABUS BY THE COURT 1. AUTOMOBILES — Innocent Purchaser from Dealer — Defective Certificate of Title — Fraudulent Representations — Duty of Purchaser. An innocent […]

528 P.2d 1228 In re Estate of Walter A. Keimig, Deceased. (RUTH ANN HUSS, Appellant, v. GOLDIE KEIMIG, Executrix, Appellee.) No. 47,496Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT 1. MARRIAGE — Common Law Marriage — Necessary Requisites. Kansas has long recognized the validity of common law marriage, the essential […]

325 P.2d 368 MANUEL M. MARKS, Appellant, v. WAYNE E. FRANTZ, EDWIN C. CATHERS, and J.C. RUST, as members of the KANSAS STATE BOARD OF EXAMINERS IN OPTOMETRY; and WAYNE E. FRANTZ, EDWIN C. CATHERS and J.C. RUST, individually, Appellees. No. 40,892Supreme Court of Kansas Opinion filed May 10, 1958. SYLLABUS BY THE COURT 1. […]

265 P.2d 1027 LEORA ALICE BARNES CASNER, Appellant, v. COMMON SCHOOL DISTRICT No. 7, SUMNER COUNTY, STATE OF KANSAS, Appellee. No. 39,087Supreme Court of Kansas Opinion filed January 23, 1954. SYLLABUS BY THE COURT 1. ADVERSE POSSESSION — Transfer of Possession — Evidence. No paper evidence of a transfer of possession of land held under […]

811 P.2d 1176 STEPHEN BAIR, Plaintiff, v. ROGER G. PECK, M.D.; PERRY SMITH, M.D.; GREAT BEND INTERNISTS, P.A.; and ALDERSON, SCHUCKMAN, AND SMITH, P.A., Defendants. No. 65,240Supreme Court of Kansas Opinion filed May 24, 1991 SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Duty of Courts When Construing Statute. The constitutionality of a statute […]

383 P.2d 937 FLOY S. PARKER Appellee, v. CONTINENTAL CASUALTY COMPANY, a Stock Insurance Company, Appellant. No. 43,314Supreme Court of Kansas Opinion filed July 10, 1963. SYLLABUS BY THE COURT 1. STATUTES — Time of Passage and Taking Effect — Validity. A legislative act must become a law in its entirety at a single definite […]

877 P.2d 386 STATE OF KANSAS, Appellee, v. CLIFFORD RUSH, Appellant. No. 68,262Supreme Court of Kansas Opinion filed July 8, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Lesser Included Offense — Jury Instructions. K.S.A. 21-3107(3) requires a trial court to instruct a jury on all lesser included offenses. 2. SAME — Lesser Included […]

479 P.2d 891 STATE OF KANSAS, Appellee, v. GEORGE WILLIAM DAEGELE, Appellant. No. 45,833Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT CRIMINAL LAW — Proceeding to Correct Void Sentence Resentencing — Evidence. In proceedings to correct a void sentence which has been partially served, the district court is not authorized […]

262 P.3d 285 STATE OF KANSAS, Appellee, v. LAFAYETTE DAMON ESTER COSBY, Appellant. No. 100,839Supreme Court of Kansas Opinion filed September 9, 2011. SYLLABUS BY THE COURT1. A challenge to the legal basis for a judge’s exclusion of hearsay evidence is reviewed de novo on appeal. 2. The nontestifying defendant’s question to a police detective […]

457 P.2d 71 In the Matter of the Estate of Laura M. Graves, Deceased; HARLAN L. GRAVES, Individually and Executor of the Estate of Laura M. Graves, Deceased, Appellant, v. MARY FAYE HOLLAND and GENA M. HILDINGER, Appellees. No. 45,382Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. WILLS — […]

347 P.2d 276 ANNA FRANCES MARTIN, ALICE CLARE FAGER, and PATRICIA R. O’BRIEN RICE, Appellants, v. FORESTRY, FISH AND GAME COMMISSION, STATE OF KANSAS, and PETE LaFORGE, Appellees. No. 41,726Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT APPEAL AND ERROR — Failure to Serve Notice of Appeal on All Adverse […]

304 P.2d 474 THE STATE OF KANSAS, Appellant, v. O.W. HESS, Appellee. No. 40,434Supreme Court of Kansas Opinion filed December 8, 1956. SYLLABUS BY THE COURT CRIMINAL LAW — Appeal by State — Failure to Bring Accused to Trial Within Statutory Time. In an appeal by the state from a decision and judgment sustaining a […]

955 P.2d 1258 STATE OF KANSAS, Appellant, v. FRANK LAUMONT RICE, JR., Appellee. No. 78,583Supreme Court of Kansas Opinion filed March 6, 1998 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Search and Seizure — Voluntary Consent to Search — Appellate Review. The district court’s findings as to the existence and voluntariness of a consent […]

766 P.2d 837 DR. ADEGO E. EFERAKEYA, Appellant, v. TWIN CITY STATE BANK, Appellee/Cross-appellant, and MANUFACTURERS HANOVER TRUST COMPANY, Appellee/Cross-appellant. No. 61,193Court of Appeals of Kansas Opinion filed December 29, 1988 Aff’d as modified 245 Kan. 154, 777 P.2d 759 (1989). SYLLABUS BY THE COURT 1. JUDGES — Recusal — Consideration of Motion to Change […]

396 P.2d 345 THE STATE OF KANSAS, ex rel. John S. Elting, County Attorney of Lane County, Kansas, Appellant, v. DALE W. NEELEY and LAWRENCE RICHARDS, Appellees. No. 43,751Supreme Court of Kansas Opinion filed November 7, 1964. SYLLABUS BY THE COURT ROADS — Established Location Followed Section Line. In an action involving the location of […]

449 P.2d 580 TED ROOKS, Appellee v. ROBERT BRUNCH, SR., Appellant. No. 45,206Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT ASSAULT AND BATTERY — Compensatory Damages — Punitive Damages Excessive. The record of trial in an action for damages arising out of an alleged assault and battery is examined, and […]

502 P.2d 705 STATE OF KANSAS, Appellee, v. JACK R. GUNZELMAN, Appellant. No. 46,673Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Certainty and Definiteness of Criminal Statute — Construction. In creating an offense which was not a crime at common law the legislature must make the […]

349 P.2d 903 JOHNSON BROS. FURNITURE CO., INC., Appellant, v. ERNEST E. ROTHFUSS and SADIE ROTHFUSS, Appellees. No. 41,651Supreme Court of Kansas Opinion filed March 5, 1960. SYLLABUS BY THE COURT 1. VENDOR AND PURCHASER — Marketable Title Defined. A marketable title to real estate is one which is free from reasonable doubt, and a […]

219 P.2d 434 CONNIE HUKLE, Appellant, v. CARL R. KIMBLE and JOYCE W. MINSON, a Partnership, doing business as M K Truck Line; CARL R. KIMBLE; JOYCE W. MINSON and HOME MUTUAL INSURANCE COMPANY OF IOWA, Appellees. No. 37,910Supreme Court of Kansas Opinion filed June 10, 1950. SYLLABUS BY THE COURT AUTOMOBILES — Negligence — […]

611 P.2d 149 ROSE SPENCER, Plaintiff, v. AETNA LIFE CASUALTY INSURANCE COMPANY, Defendant. No. 80-51946-SSupreme Court of Kansas Opinion filed May 10, 1980. SYLLABUS BY THE COURT 1. UNIFORM CERTIFICATION OF QUESTIONS OF LAW ACT — Application. Where there are questions of Kansas law which may be determinative of the proceeding before a certifying court […]

335 P.2d 786 THE STATE OF KANSAS, ex rel. WARNER MOORE, County Attorney of Sedgwick County, Kansas Appellee, v. THE CITY OF WICHITA, KANSAS, a Municipal Corporation, FRANK H. BACKSTROM, City Manager, FRED E. DENNY, City License Collector, and C.C. ELLIS, City Clerk, Appellants. No. 41,220Supreme Court of Kansas Opinion filed February 20, 1959. SYLLABUS […]

617 P.2d 102 STATE OF KANSAS, Appellant, v. RICHARD R. BOLING, Appellee. No. 51,305Court of Appeals of Kansas Opinion filed September 19, 1980 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Jurisdiction — Court’s Duty to Raise Issue — Dismissal of Appeal. Appellate jurisdiction is a matter of statute. It is the duty of […]

998 P.2d 123 STATE OF KANSAS, Appellee, v. ALLEN D. TAYLOR, Appellant. No. 81,522Court of Appeals of Kansas Opinion filed: February 18, 2000. Petition for review denied 269 Kan. 940 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Criminal History — Use of Certain Prior Convictions Prohibited. Unless allowed by a statutory […]

302 P.2d 1004 THOMAS W. VAUGHN, Appellant, v. J.H.B. TAYLOR, ALLEN TAYLOR, and ALLEN TAYLOR, Attorney in Fact, et al., Appellees. No. 40,008Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Judgment — Presumption of Validity — Burden of Proof. A presumption of validity attaches to […]

299 P.2d 52 ALMA WITEK, Appellee, v. WICHITA SCHOOL OF FINE ARTS, Appellant. No. 39,959Supreme Court of Kansas Order filed June 30, 1956. Appeal from Sedgwick district court; HENRY E. MARTZ, judge. Order filed June 30, 1956. Donald R. Newkirk, of Wichita, argued the cause and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul […]

308 P.2d 158 ALLAN ROGER MEENEN, Appellant, v. LUDOLPH MEENEN, also known as L.E. MEENEN; FRITZ MEENEN, also known as F.H. MEENEN; BERTHA MEENEN GERRIETS, HENRY J. MEENEN, FRIEDRICK MEENEN, HENRIETTA MOREY, Appellees. No. 40,406Supreme Court of Kansas Opinion filed March 9, 1957. SYLLABUS BY THE COURT 1. DESCENTS AND DISTRIBUTIONS — Descent to Children […]

875 P.2d 997 CARLOS CHAVEZ, Appellee, v. MICHAEL D. MARKHAM, Appellant. No. 70,287Court of Appeals of Kansas Opinion filed June 10, 1994 Aff’d 256 Kan. 859, 889 P.2d 122 (1995). SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Controlling Facts Based on Written Pleadings and Depositions — De Novo Appellate Review. In cases where […]

598 P.2d 1061 MARCIA A. TRAYLOR, Appellee, v. MILLARD A. WACHTER and EMCASCO INSURANCE COMPANY, Appellants. No. 49,160Court of Appeals of Kansas Opinion filed August 3, 1979 Petition for review granted November 8, 1979. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Relief from Judgment — Effect of Jury Verdict Form Not Correctly Reporting True […]

44 P.3d 1266 PETITION OF CARLA J. STOVALL, ATTORNEY GENERAL, TO DETERMINE THE VALIDITY OF 2002 SUBSTITUTE FOR HOUSE BILL 2625 No. 88,735Supreme Court of Kansas Opinion filed: April 26, 2002 SYLLABUS BY THE COURT 1. LEFISLATURE — Reapportionment — Validity of Reapportionment Act. In determining whether a reapportionment act is valid, a court must […]

455 P.2d 534 STATE OF KANSAS, Appellee, v. JAMES T. LEVIER, Appellant. No. 45,375Supreme Court of Kansas Opinion filed June 14, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Probation and Parole — No Right to Counsel. An indigent prisoner has no constitutional or statutory right to court-appointed counsel upon a proceeding under K.S.A. 62-2245 […]

225 P.2d 75 LOUISE COOLEY, Appellee, v. VERNON SHEPHERD and MONETA SHEPHERD, Appellants. No. 38,030Supreme Court of Kansas Opinion filed December 9, 1950. SYLLABUS BY THE COURT 1. INJUNCTION — Sufficiency of Petition. The petition in an action for injunctive relief examined, and held, to state a cause of action. 2. PLEADING — Petition — […]

415 P.2d 415 KENNETH L. MEYER, Executor of the Estate of Barbara Benelli, also known as Anna Barbara Benelli, Deceased, Appellee, v. ANDREW J. BENELLI, individually and as Executor of the Estate of D.P. Benelli, Deceased; CHARLES A. BENELLI, MARTIN BENELLI; DAVID PAUL BENELLI; ISABELLE GLICK, and MARGARET VIETTI, Appellants. No. 44,476Supreme Court of Kansas […]

843 P.2d 191 ANNE CHRISTINE JENSEN, Individually and as Parent, Natural Guardian, and Next Friend of LUKE CHRISTOPHER RUNFT, a Minor Child, Appellant, v. BRUCE LYNN RUNFT, Defendant, and ROBERT D. SEATON, Appellee. No. 66,700Supreme Court of Kansas Opinion filed December 11, 1992. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Interests of Child. […]

107 P.3d 1234 In the Matter of HARRY L. FELKER, Respondent. No. 07633.Supreme Court of Kansas. March 11, 2005. ORDER OF DISBARMENT. ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated March 9, 2005, addressed to the Clerk of the Appellate Courts, respondent Harry L. Felker of Topeka, Kansas, an attorney admitted […]

421 P.2d 170 STATE OF KANSAS, Appellee, v. BOBBY D. ELDRIDGE, Appellant. No. 44,254Supreme Court of Kansas Opinion filed December 10, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession — Evidence Supported Finding Confession Voluntarily Made. The evidence introduced to determine the voluntary nature of a confession is examined and found to be […]