Category: Kansas Court Opinions

536 P.2d 1355 STATE OF KANSAS, Appellee, v. WILLIAM J. ANICKER, Appellant. No. 46,121Supreme Court of Kansas Opinion filed June 14, 1975. SYLLABUS BY THE COURT 1. HOMICIDE — Evidence of Threats to Kill — Competent to Show Motive, Intent, Identity. In a case of marital homicide, evidence of the defendant’s violent treatment of his […]

668 P.2d 193 CHARLES F. WARNER, PERSONAL REPRESENTATIVE OF THE ESTATE OF ERNA A. WARNER, DECEASED, Appellee, v. CHARLES M. WARNER, Appellant. No. 54,722Court of Appeals of Kansas Opinion filed August 18, 1983 SYLLABUS BY THE COURT 1. JUDGMENTS — Foreign Judgment — Registration — Statute of Limitations. Registration is a simplified alternative to bringing […]

397 P.2d 385 JESSEE DARNELL TRUCK SERVICE of Great Bend, Kansas; MARMAC OIL FIELD TRUCKING of El Dorado, Kansas; KOPFMAN TRUCKING COMPANY of Chase, Kansas; ESFELT TRUCKING INC., of Great Bend, Kansas; H.J. JEFFRIES TRUCK LINE of Oklahoma City, Oklahoma; PHIL WAGNER TRUCK SERVICE of Great Bend, Kansas; RANEY TRUCK SERVICE of Cunningham, Kansas; A.C. […]

434 P.2d 320 VERNER T. TUCKER, Appellee, v. JACK LOWER and NANCY LOWER, Defendants, NANCY LOWER, Appellant. No. 45,015Supreme Court of Kansas Opinion filed November 27, 1967. SYLLABUS BY THE COURT 1. EVIDENCE — Admissibility of a Conviction — Dishonesty or False Statement. The provisions of K.S.A. 60-421 are construed and under this statute the […]

985 P.2d 707 DANIAL C. BATTRICK, et al., Appellants, v. STATE OF KANSAS, et al., Appellees. No. 80,337Supreme Court of Kansas Opinion Filed May 28, 1999. SYLLABUS BY THE COURT HABEAS CORPUS — Disciplinary Action — 30-day Limitation for Filing Habeas Corpus Petition — Constitutionality of Statute of Limitations. In three consolidated K.S.A. 1998 Supp. […]

983 P.2d 265 INVESTCORP, L.P., et al., Appellants, v. SIMPSON INVESTMENT COMPANY, L.C., Appellees. No. 80,804Supreme Court of Kansas Modified opinion filed October 29, 1999. MODIFICATION OF OPINION CORPORATIONS — Limited Liability Company — Operating Agreement Interpreted — Opinion Modified to Allow District Court Control Over Appointment of Dissolution Managers or a Receiver. Appeal from […]

353 P.2d 975 GLADYS CORNETT, Appellee, v. CITY OF NEODESHA, Appellant. No. 41,895Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Defective Sidewalk — Action in Behalf of Husband — Sufficiency of Claim. In an action to recover damages from the City of Neodesha for injuries sustained by […]

124 P.3d 1083 STATE v. MAZE. No. 93,355.Court of Appeals of Kansas. December 23, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

747 P.2d 792 BONANZA, INC., Plaintiff/Appellee, v. E.A. McLEAN, Defendant/Appellant, v. JACK R. HUNT, CITY OF WICHITA, and SOUTHWEST NATIONAL BANK, Third-party Defendants/Appellees. No. 59,953Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. CONTRACTS — Lessee’s Action against Lessor for Declaratory Judgment and Breach of Contract. The record is examined […]

308 P.2d 65 MARION W. JOHNSON, Appellee and Cross-appellant, v. ROSS LATIMER, an Individual Doing Business under the Name and Style of MAYTAG SALES CO., Appellant; DALE BITLER, Appellant; COLEMAN COMPANY, INC., a Corporation (defendant) Cross-appellee; SEACAT’S GAS SERVICE, INC., a Corporation, Appellant. VIRGIL DAVIS, Appellee and Cross-appellant, v. ROSS LATIMER, an Individual Doing Business […]

505 P.2d 612 FEASTER TRUCKING SERVICE, INC., Appellee and Cross-Appellant, v. PARKS-DAVIS AUCTIONEERS, INC., Appellant and Cross-Appellee, and TOM NEFF, Defendant. No. 46,520Supreme Court of Kansas Opinion filed January 20, 1973. SYLLABUS BY THE COURT 1. SALES — Sale by Auction — Goods Put in Lots. In a sale by auction if goods are put […]

285 P.2d 777 WARREN PETROLEUM CORPORATION, Appellant, v. THE STATE CORPORATION COMMISSION, Appellee. (SUNFLOWER PIPE LINE, INC., Appellee-Intervenor.) No. 39,824Supreme Court of Kansas Opinion filed July 6, 1955. SYLLABUS BY THE COURT PUBLIC UTILITIES — Certificate of Convenience — Necessity of Showing Financial Arrangements Considered. In acting favorably upon the application for a certificate of […]

216 P.3d 710 STATE OF KANSAS, Appellant, v. EDDIE J. PETERMAN, Appellee. No. 101,852.Court of Appeals of Kansas. Opinion filed September 25, 2009. SYLLABUS BY THE COURT1. POLICE AND SHERIFF’S — Emergency Doctrine — Not Applicable to Actions of Police Officer under Facts of Case. Under the facts of this case, the emergency doctrine was […]

952 P.2d 941 LORETTA COLOMBEL, Appellant, v. KAY MILAN and ALLEN MILAN, Defendants, and MICHAEL DODSON and KIERSTEN DODSON, Appellees. No. 78,528Court of Appeals of Kansas Opinion filed January 23, 1998 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Motion to Dismiss — Legal Sufficiency of Claim — Court’s Consideration. In a motion to dismiss […]

228 P.2d 534 FIRST NATIONAL BANK IN WICHITA, a corporation, Appellant, v. J.A. BRYANT (Defendant), and FOURTH NATIONAL BANK IN WICHITA, a corporation (Garnishee Defendant) Appellees. No. 38,165Supreme Court of Kansas Opinion filed March 10, 1951. SYLLABUS BY THE COURT 1. CONVICTS — Suspension of Civil Rights. The loss of civil rights attendant upon confinement […]

992 P.2d 1250 BUSINESS OPPORTUNITIES UNLIMITED, INC., MARK D. WASSERSTROM, Appellants, v. ENVIROTECH HEATING COOLING, INC., JAMES R. LEICHTER, and RICHARD L. DILLON, Appellees. Nos. 82,387, 82,801Court of Appeals of Kansas Opinion filed: November 24, 1999. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Opposition to Motion for Summary Judgment — Supreme Court Rule 141 […]

558 P.2d 136 STATE OF KANSAS, Appellee, v. MICHAEL BLUE, a/k/a MICHAEL JACKSON, Appellant. No. 48,356Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT CRIMINAL LAW — Forgery — Rebuttal Evidence — Failing to Instruct on Purpose of Rebuttal Evidence Admitted — New Trial — Prosecutor’s Remarks — Sufficiency of the […]

634 P.2d 1071 STATE OF KANSAS, Appellee, v. PAUL BEHLER, Appellant. No. 52,209Supreme Court of Kansas Opinion filed October 23, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — “Beyond a Reasonable Doubt” — Use of Phrase by Defense Counsel in Voir Dire. In a criminal action, the prosecution has the burden to prove the […]

877 P.2d 5 EUGENE CARL ALEXANDER, Appellant, v. STATE OF KANSAS, et al., Appellees. No. 71,010Court of Appeals of Kansas Opinion filed June 10, 1994 SYLLABUS BY THE COURT 1. UNIFORM CRIMINAL EXTRADITION ACT — Form of Demand — Statute Construed. K.S.A. 1993 Supp. 22-2703 is construed and applied. 2. HABEAS CORPUS — Petition Challenging […]

758 P.2d 257 In the Matter of the Marriage of JULIE ANN MARKS, Petitioner, and JOHN MARKS, Respondent. MICHELINE Z. BURGER, Judgment Creditor/Garnishor-Appellant, JOHNSON COUNTY DISTRICT COURT TRUSTEE, Garnishee-Appellee. No. 61,960Court of Appeals of Kansas Opinion filed July 29, 1988 SYLLABUS BY THE COURT 1. DIVORCE — Costs and Attorney Fees. K.S.A. 1987 Supp. 60-1610(b)(4) […]

233 P.2d 501 MURRAY H. HODGES and JOHN ANDERSON, JR., Co-guardians of the Estate of JACKSON K. HURD, Incompetent, Appellants, v. PHOENIX MUTUAL LIFE INSURANCE COMPANY, a Corporation; M.R. SMITH; L.A. BILLINGS, JR., Sheriff of Johnson County, Kansas, and HELEN HUDELSON, Register of Deeds, of Johnson County, Kansas, Appellees. No. 38,240Supreme Court of Kansas Opinion […]

612 P.2d 578 STATE OF KANSAS, ex rel. CURT T. SCHNEIDER, ATTORNEY GENERAL, Appellant, v. CITY OF KANSAS CITY, KANSAS, Appellee. No. 50,979Supreme Court of Kansas Opinion filed June 14, 1980. SYLLABUS BY THE COURT CITIES AND MUNICIPALITIES — Building Code Ordinances — State Board of Regents Not Subject to Codes. In an action in […]

618 P.2d 844 TEXACO, INC., a corporation, WILLIAM S. POST, WALTER I. POST, ETTA BEATRICE GEIMAN, FANNIE WOOD, CELIA IVERS WHELIHAN, ELSIE G. POST, JERRY L. POST, LARRY J. POST, and MARJORIE GEARHISER, Appellants, v. WENDELL B. FOX and MILDRED V. FOX, husband and wife, Appellees. No. 51,943Supreme Court of Kansas Opinion filed November 1, […]

122 P.3d 838 STATE v. MINCKS. No. 93,187.Court of Appeals of Kansas. November 18, 2005. Appeal from Linn. Decision without published opinion. Affirmed in part, sentences vacated, and case remanded with directions.

76 P.3d 1018 In the Matter of DOUGLAS S. WRIGHT, Respondent. No. 90,081.Supreme Court of Kansas. Opinion filed September 19, 2003. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed September 19, 2003. Disbarment. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and was on the […]

206 P.3d 13 CRAIG ALAN FISCHER, Appellant, v. STATE OF KANSAS, Appellee. No. 100,248.Court of Appeals of Kansas. Opinion filed April 17, 2009. SYLLABUS BY THE COURT1. HABEAS CORPUS — K.S.A. 60-1507 Proceeding — Movant’s Presence at Proceeding. Where an evidentiary hearing is conducted in a K.S.A. 60-1507 proceeding and substantial issues of fact exist […]

308 P.2d 81 STATE OF KANSAS, Appellee, v. MERCED VARGAS, Appellant. No. 40,302Supreme Court of Kansas Opinion filed March 9, 1957. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Assault with Intent to Maim — Statements Made to Officers — Admissibility — Instruction. The record examined in a criminal action where defendant was placed on […]

18 P.3d 239 TERRY WINKLE, Appellant, v. HUTCHINSON COMMUNITY COLLEGE, Appellee. No. 83,334[1] Court of Appeals of Kansas Opinion filed June 30, 2000. Petition for review denied 270 Kan. 904 (2000). [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated December 19, 2000, […]

66 P.3d 822 PETER O’DONOGHUE, Administrator of the Estate of CHONG AE O’DONOGHUE, and SEAN O’DONOGHUE, heir-at-law of CHONG AE O’DONOGHUE, Appellees, v. FARM BUREAU MUTUAL INSURANCE CO., INC., Appellant. No. 87,002.Supreme Court of Kansas Opinion filed April 18, 2003. SYLLABUS BY THE COURT1. STATUTES — Construction — Legislative Intent — Appellate Review. The interpretation […]

223 P.2d 970 MAZIE DeWITT, Appellant, v. WALLACE A. DeWITT, Appellee. No. 37,971Supreme Court of Kansas Opinion filed November 10, 1950. SYLLABUS BY THE COURT DIVORCE — Division of Property — Attorney Fees — Discretion of Court. The record in a divorce action examined, and it is held, that under all the facts, circumstances and […]

230 P.2d 1018 DONALD COLLINS, Administrator, c.t.a. of the Estate of Nellie Henderson, Deceased; DORALYNN COLLINS AMOS, FRANCIS LeROY COLLINS, and DONALD COLLINS, Appellees, v. MOLLIE L. RICHARDSON, a widow, Appellant. No. 38,328Supreme Court of Kansas Opinion filed May 12, 1951. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Action to Quiet Title — Revivor […]

60 P.3d 347 WILLIAM A. GILKEY, Appellant, v. STATE OF KANSAS, Appellee. No. 88,234.Court of Appeals of Kansas. Opinion filed January 3, 2003. SYLLABUS BY THE COURT HABEAS CORPUS — Enabling Statute and Supreme Court Rule Reviewed. K.S.A. 60-1507 and Supreme Court Rule 183(j) (2001 Kan. Ct. R. Annot. 210) are reviewed. Appeal from Sedgwick […]

895 P.2d 198 STATE OF KANSAS, APPELLEE, v. JOSE MANUEL OCHOA, Appellant. No. 71,899Court of Appeals of Kansas Opinion filed April 28, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offenses — Trial Court Duty to Instruct. The defendant in a criminal prosecution has a right to have the […]

847 P.2d 1258 STATE OF KANSAS, Appellant/Cross-Appellee, v. LYDIA DENISE RUFF, Appellee/Cross-Appellant. No. 67,716Supreme Court of Kansas Opinion filed March 5, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeals — Right to Appeal Controlled by Statute — State Cannot Appeal from Judge’s Grant of Probation. The right to appeal from rulings, orders, and […]

66 P.3d 261Court of Appeals of Kansas March 21, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Lynn 86942 Johnson 3/21/2003 Affirmed State v. Rawlins 87490 Johnson 3/21/2003 Affirmed Puckett v. State 87574 Sedgwick 3/21/2003 Affirmed in part, 88426 reversed in part, and remanded with directions State v. Grimm 87660 Nemaha […]

306 P.2d 181 O.H. HEDGES, Appellant, v. C.L. KEAS and KENNETH C. KEAS, doing business as KEAS DRILLING COMPANY, and FRANK D. HOTCHKISS, Appellees. No. 40,287Supreme Court of Kansas Opinion filed January 12, 1957. SYLLABUS BY THE COURT 1. REAL ESTATE BROKERS — Action to Recover Commission — Necessity to Be Licensed. Under the provisions […]

133 P.3d 836 STATE OF KANSAS, Appellee, v. SHELDON K. NASH, Appellant. No. 93,575.Supreme Court of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Illegal Sentence. An illegal sentence under K.S.A. 22-3504 is a sentence imposed by a court without jurisdiction, a sentence which does not conform to the statutory […]

620 P.2d 1132 STATE OF KANSAS, Appellee, v. GERALD J. GREENLEE, Appellant. No. 51,793Supreme Court of Kansas Opinion filed December 6, 1980. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality. General principles to be considered when a statute is attacked as being unconstitutional as a violation of the separation of powers doctrine iterated, reviewed and […]

233 P.3d 257 In the Matter of NANCY F. ORRICK, Respondent. No. 103,698.Supreme Court of Kansas. Opinion filed June 11, 2010. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Two-year Suspension, Original proceeding in discipline. Opinion filed June 11, 2010. Two-year suspension. Kimberly L. Knoll, deputy disciplinary administrator, argued the cause, and Stanton […]

309 P.2d 655 EUDORA GOETZ, Appellant, v. ALBERT JOHN GOETZ, Appellee. No. 40,459Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. DIVORCE — Child Custody and Visitation Portion of Judgment — Effect of Supersedeas Bond. A supersedeas bond executed and filed by plaintiff pursuant to G.S. 1949, 60-3322, in a […]

430 P.2d 294 STATE OF KANSAS, Appellee, v. FRANCIS W. EMLER, Appellant. No. 44,833Supreme Court of Kansas Opinion filed July 12, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Arson — No Denial of Due Process — Instruction as to Reasonable Doubt. The record in a criminal action is examined and it is held: […]

869 P.2d 761 LINDA THOMPSON (now Vinduska), Claimant/Appellant, v. LAW OFFICES OF ALAN JOSEPH, Respondent/Appellee, MARYLAND CASUALTY INSURANCE COMPANY, Insurance Carrier/Appellee, and KANSAS WORKERS’ COMPENSATION FUND, Appellee. No. 69,554Court of Appeals of Kansas Opinion filed March 4, 1994 SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Arising Out of and In the Course of Employment […]

553 P.2d 331 REX K. BELL and ARLETA J. BELL, his wife, Appellants, v. THE CITY OF TOPEKA, KANSAS; NORMA E. ROBBINS, City Clerk; WILLIAM B. McCORMICK; HARRY L. FELKER, III [substituted for GARY S. TAYLOR]; KENNETH L. ELDER; CHARLES F. CAMPBELL and JACK ALEXANDER, as members of the governing body, The Board of Commissioners […]

11 P.3d 506 STATE OF KANSAS, Appellee, v. JIMMY DEAN HILL, JR., Appellant. No. 83,147Court of Appeals of Kansas Opinion filed October 6, 2000. Aff’d 271 Kan. 929, 26 P.3d 1267 (2001). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Multiplicitous Charges — Appellate Review. Whether charges are multiplicitous is a question of law over […]

320 P.2d 813 HENRY SCHINDLER, A.W. MOSHER, JACK BENEDICT and W.J. WINTER, Appellees, v. ELSIE ROSS, (THE COOPERATIVE REFINERY ASSOCIATION, a Corporation, Defendant), Appellant. No. 40,714Supreme Court of Kansas Opinion filed January 25, 1958. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appeal from Order Overruling Motion for New Trial — Rulings Subject to […]

419 P.2d 812 In the Matter of the Adoption of JAMES PRESTON SHARP, JR., and VALERIE LYNN SHARP, Minors. (JUANITA LOREN SHARP, Appellant, v. DIANNE THURMAN, Appellee.) No. 44,540Supreme Court of Kansas Opinion filed November 5, 1966. SYLLABUS BY THE COURT 1. ADOPTION — Strict Construction in Favor of Natural Parents — When Consent to […]

44 P.3d 305 STATE OF KANSAS, Appellee, v. STEVEN K. BLOOM, Appellant. No. 86,098Supreme Court of Kansas Opinion filed: April 19, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion in Limine — Prosecutor’s Alleged Violation of Order Granting Motion — Test to Evaluate. A two-part test is used in evaluating a prosecutor’s alleged […]

125 P.3d 1089 STATE v. BARNES. No. 91,784.Court of Appeals of Kansas. January 13, 2006. Appeal from Shawnee. Decision without published opinion. Affirmed in part and remanded with directions.

499 P.2d 201 ALCIDENE WARREN, Appellant, v. T.G. Y. STORES COMPANY, A Corporation, Appellee. No. 46,399Supreme Court of Kansas Opinion filed July 19, 1972. SYLLABUS BY THE COURT 1. NEGLIGENCE — Business Invitee — Care Required of Invitee. Upon entering a retail store, a mature and normal person must make reasonable use of his faculties […]

711 P.2d 759 STATE OF KANSAS, Appellee, v. RICKY B. BAKER, Appellant. No. 57,645Court of Appeals of Kansas Opinion filed December 12, 1985 SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Presumption — Burden of Proof When Constitutionality Challenged. When the constitutionality of a statute is challenged, the statute comes before the court cloaked […]

942 P.2d 646 GENE D. SPENCER, Appellant, v. STATE OF KANSAS, Appellee. No. 75,174Court of Appeals of Kansas Opinion filed July 18, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Plea Agreement — Defendant May Plead to Nonexistent Crime as Part of Agreement. A criminal defendant who is originally brought into court on a […]

176 P.3d 1002 DAVID MARTIN PRICE and RAYMOND A. WHITEBREAD, Appellants, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellee. No. 98,354.Court of Appeals of Kansas. Opinion filed February 22, 2008. SYLLABUS BY THE COURTADMINISTRATIVE LAW — Judicial Review of Agency Action — Statutory Requirements for Service of Petition for Review on Proper Agency Authority. […]

952 P.2d 936 In the Matter of MARCUS B. POTTER, JR., Respondent. No. 78,950Supreme Court of Kansas Opinion filed January 23, 1998 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed January 23, 1998. Published censure. Stanton A. Hazlett, disciplinary administrator, argued the cause and […]

954 P.2d 1078 IN THE MATTER OF LAURENCE ALAN BRANSGROVE, Respondent. Bar Docket No. 15937Supreme Court of Kansas February 17, 1998 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated January 30, 1998, to the Clerk of the Appellate Courts, respondent Laurence Alan Bransgrove, of Amarillo, Texas, an attorney […]

323 P.2d 643 W.G. WEBSTER, Appellant, v. THE KANSAS POWER AND LIGHT COMPANY and W.O. HOMER, Appellees. No. 40,785Supreme Court of Kansas Opinion filed April 7, 1958. SYLLABUS BY THE COURT GAS — Explosion from Escaping Gas — Contributory Negligence — Demurrer to Evidence. The record examined in an appeal from the order of the […]

978 P.2d 253 STATE OF KANSAS, Appellee, v. JOHN MICHAEL MANARD, Appellant. No. 79,051Supreme Court of Kansas Opinion Filed April 16, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder — Joint Trial — Admissibility of Defendant’s Redacted Confession — Improper Jury Selection Based on Gender-based Strike of Potential Juror — Admissibility of […]

899 P.2d 509 In the Matter of D.J.K., A Child Under the Age of 18 Years. No. 72,595Court of Appeals of Kansas Opinion filed July 21, 1995 SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Review by an appellate court on a question of statutory interpretation is plenary. 2. JUVENILE OFFENDERS CODE […]

347 P.2d 415 MAURICE S. BAILEY and MARION G. BAILEY, husband and wife, Appellants, v. A.L. TALBERT, Appellee. No. 41,401Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT 1. NEW TRIAL — Effect of Granting. When a new trial is ordered by the supreme court, the case is left for trial […]

221 P.3d 598 IN THE MATTER OF THE PROTESTS OF CITY OF HUTCHINSON/DILLON STORES FOR TAXES PAID FOR 2001 AND 2002 IN RENO COUNTY, KANSAS, AND IN THE MATTER OF THE PROTESTS OF DILLON REAL ESTATE CO., INC. FOR TAXES PAID FOR 2001 AND 2002 IN RENO COUNTY, KANSAS. No. 100,499.[1] Court of Appeals of […]

227 P.2d 144 RENOLDA MOST, Appellant, v. FRANCIS HOLTHAUS, Appellee. No. 38,137Supreme Court of Kansas Opinion filed January 27, 1951. SYLLABUS BY THE COURT 1. AUTOMOBILES — Demurrer to Evidence — Negligence or Contributory Negligence Compels Judgment for Defendant Applies as to Guest. The rule that a plaintiff’s negligence or his contributory negligence bars his […]

758 P.2d 745 ELIZABETH A. MARICHE, Appellee, v. PEDRO MARICHE, Appellant. No. 61,686Supreme Court of Kansas Opinion filed July 8, 1988. SYLLABUS BY THE COURT 1. GARNISHMENTS — Social Security Disability Benefits — Garnishment of Benefits Payable to Parent Who Owes Back Child Support. Federal social security disability benefits payable to a parent are subject […]

368 P.2d 14 FLORA B. SLOOP, Appellant, v. KEN S. ARMSTRONG, et al., Appellees. No. 42,276Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT CONTRACTS — Action to Settle Differences Between Parties — Failure to Show Mutual Mistake and Failure of Consideration. In an action based upon a written contract settling […]

243 P.2d 222 KATHLEEN HOLTON, Appellee, v. FRANK E. HOLTON, Appellant. No. 38,547Supreme Court of Kansas Opinion filed April 12, 1952. SYLLABUS BY THE COURT 1. NEW TRIAL — Purpose of Motion for New Trial. The purpose of a motion for a new trial is to inform the trial court what errors are relied upon […]

652 P.2d 703 STATE OF KANSAS, Appellant, v. DANIEL SMITH a/k/a CHARLES C. STACY, Appellee. No. 54,135Supreme Court of Kansas Opinion filed October 22, 1982. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Issue Raised for First Time on Appeal. Ordinarily an appellate court will not consider an issue which has not been raised […]

627 P.2d 1161 H H FARMS, INC., Appellant and Cross-Appellee, v. VERN HAZLETT and FARM RANCH REALTY, INC., Appellees and Cross-Appellants. No. 51,810Court of Appeals of Kansas Opinion filed May 8, 1981 SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Rules. Rules for granting summary judgment are reviewed and applied. 2. TORTS — […]

476 P.2d 646 F.A. FOX, Appellant, v. MASSEY-FERGUSON, INC., a Foreign Corporation, Appellee. No. 45,819Supreme Court of Kansas Opinion filed November 7, 1970. SYLLABUS BY THE COURT 1. TRIAL — Motion for Directed Verdict — Function of Motion. The function of a motion for a directed verdict filed pursuant to provisions found in K.S.A. 60-250, […]

52 P.3d 360 In the Matter of the Marriage of LORRI RIGGLE (BOWLES), Appellant, and DAVID W. RIGGLE, Appellee. No. 88,115Court of Appeals of Kansas Opinion filed: August 23, 2002. Petition for review denied 274 Kan. 1112 (2002). SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Statutory Not Constitutional Right to Appeal — Appellate Court […]

906 P.2d 657 STATE OF KANSAS, Appellant, v. G.W.A., Appellee. No. 72,844Supreme Court of Kansas Opinion filed December 8, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Acquittal — State May Not Appeal. The State may not appeal from a judgment of acquittal. 2. APPEAL AND ERROR — State’s Appeal on Question Reserved — […]

88 P.3d 1236 CAROLYN PIEREN-ABBOTT, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. MICHAEL K. DAY, Appellant, v. KANSAS DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, Appellee. TONY D. EARLYWINE, Appellant, v. KANSAS DEPARTMENT OF REVENUE, DEPARTMENT OF MOTOR VEHICLES, Appellee. Nos. 90,165, 90,530, 90,531.Court of Appeals of Kansas. Opinion filed May 7, 2004. Affirmed in […]

856 P.2d 1348 In the Matter of the Marriage of KAREN L. GLENN, Appellee, and CLIFFORD E. GLENN, Appellant. No. 68,282Court of Appeals of Kansas Opinion filed July 30, 1993 Petition for review denied 253 Kan. 603 (1993). SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Due Process — Right of Litigant to an Opportunity […]

218 P.2d 181 GENERAL MOTORS ACCEPTANCE CORPORATION, a corporation, Appellee, v. ARNOLD DAVIS, Appellant. No. 37,866Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT AUTOMOBILES — Conditional Sales Contract — Right of Purchaser Taking Certificate of Title — Negotiability. Gray, a dealer in used cars, purchased a motor vehicle from the […]

114 P.3d 190 STATE v. CUNNINGHAM. No. 92,516.Court of Appeals of Kansas. July 1, 2005. Appeal from the Geary. Decision without published opinion. Affirmed.

116 P.3d 55 STATE v. WAMMACK. No. 91,568.Court of Appeals of Kansas. July 29, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.