Category: Kansas Court Opinions

205 P.3d 688 KARL P. WINKEL, SR., AND KAREN S. WINKEL, TRUSTEES OF THE KARL P. WINKEL, SR. TRUST NO. 1, DATED JULY 1, 2004, et al., Appellants, v. DEBRA L. MILLER, SECRETARY OF TRANSPORTATION OF THE STATE OF KANSAS, Appellee. No. 99,768.Supreme Court of Kansas. Opinion filed March 27, 2009. SYLLABUS BY THE COURT1. […]

66 P.3d 884 In the Matter of M. STEVEN WAGLE, Respondent. No. 89,104.Supreme Court of Kansas Opinion filed April 18, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed April 18, 2003. One-year suspension. Franklin D. Diehl, deputy disciplinary administrator, argued the cause, and Stanton A. Hazlett, disciplinary […]

505 P.2d 294 WILLIAM HERBST, Appellant, v. LINDA HERBST, Appellee. No. 46,665Supreme Court of Kansas Opinion filed January 20, 1973. MEMORANDUM OPINION PARENT AND CHILD — Child Custody — No Finding Parent Unfit — Permanent Right of Parent to Custody. Appeal from Wyandotte district court, division No. 4; JOE H. SWINEHART, judge. Opinion filed January […]

744 P.2d 1228 STATE OF KANSAS, Appellee, v. LAWONNA R. HILL, Appellant. No. 59,793Supreme Court of Kansas Opinion filed October 30, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offenses — When Instruction Required. The trial court has an affirmative duty to instruct on all lesser included offenses established […]

532 P.2d 1077 STATE OF KANSAS, Appellee, v. GLENN GENE RASLER, Appellant. No. 47,388Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Revoking Probation — Another Offense Committed — Proof Beyond Reasonable Doubt. To sustain an order revoking probation on the ground that a probationer has committed […]

348 P.2d 636 ALPHONS H. SCHARTZ, Appellee, v. FARM BUREAU MUTUAL INSURANCE, INC., Appellant. No. 41,601Supreme Court of Kansas Opinion filed January 23, 1960. SYLLABUS BY THE COURT INSURANCE — Action to Recover Above Maximum Admitted Liability — Sufficiency of Petition — Demurred. In an action by the insured in an automobile insurance policy to […]

349 P.2d 947 ROSELLA HODGE, Appellee, v. RAY HODGE, Appellant. No. 41,710Supreme Court of Kansas Opinion filed March 5, 1960. SYLLABUS BY THE COURT DIVORCE — Action to Set Aside Judgment — Fraud — Sufficiency of Petition. In an action to vacate and modify a judgment on the ground of fraud practiced by the prevailing […]

49 P.3d 1274 THOMAS R. WINSTON, M.D., Appellant, v. STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellee. No. 87,820Supreme Court of Kansas Opinion filed: July 19, 2002. SYLLABUS BY THE COURT 1. ADMINISTATIVE LAW — Judicial Review of Agency Action — Appellate Court Limited to Whether Substantial Competent Evidence Supports Agency Findings. An appellate court, […]

337 P.2d 635 SCOTT HUTTON, Appellant, v. ETHYL L. HUTTON, NEIL A. HUTTON, JOAN RICE, CAROLYN KAY HUTTON, a minor, and ETHYL L. HUTTON as mother and natural guardian of the minor defendant, CAROLYN KAY HUTTON, and NEIL A. HUTTON, as administrator of the estate of CLARENCE A. HUTTON, deceased, Appellees. EVA HUTTON WHITE, Appellant, […]

508 P.2d 911 THE SEVENTH DAY ADVENTIST KANSAS CONFERENCE ASSOCIATION, a corporation, Appellee and Cross-Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF DICKINSON COUNTY, KANSAS; MARIE SULLIVAN, COUNTY ASSESSOR OF DICKINSON COUNTY, KANSAS; DOROTHY HABACKER, COUNTY TREASURER OF DICKINSON COUNTY, KANSAS; THE CITY OF ENTERPRISE, KANSAS, Appellants and Cross-Appellees. No. 46,630Supreme Court of Kansas Opinion […]

252 P.2d 904 ROBERT L. MESSINGER, Appellant, v. LOUIS J. FULTON, Appellee. No. 38,812Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Demurrer — On Weight of Evidence. In ruling on a demurrer to evidence courts do not weigh or compare contradictory testimony but must accept […]

368 P.2d 49 In re Estate of Judith Rae Berridge, Deceased. (JOHN W. DAMON, [Claimant] Appellee, v. LOREDA RELIHAN, Appellant.) No. 42,420Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT APPEAL AND ERROR — Burden of Showing Error. In an action commenced in the probate court upon the petition of a […]

536 P.2d 1369 STATE OF KANSAS, Appellee, v. BILLY G. SISSON, Appellant. No. 47,743Supreme Court of Kansas Opinion filed June 14, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Precise Time of the Offense Need Not Be Stated. The precise time of the commission of an offense need not be stated in an indictment […]

364 P.2d 955 GARRETT VOSS, an Incompetent, by and through THELMA VOSS, Guardian of the person and estate of Garrett Voss, Appellee and Cross Appellant, v. RUSSELL E. BRIDWELL and A.K. SEN, Appellants, and JOHN I. DAVIES, Cross Appellee. No. 42,237Supreme Court of Kansas Opinion filed September 18, 1961. SYLLABUS BY THE COURT 1. PHYSICIANS […]

391 P.2d 92 ARLEN D. FRANK, Appellant, v. RICHARD LEE KNUCKEY, Appellee. No. 43,551Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT APPEAL AND ERROR — Instructions — Effect of Insufficient Record. In an appeal in a common law action for damages which presents the question of the trial court’s refusal […]

41 P.3d 891 IN THE MATTER OF W.H., d/o/b 02/21/83, A Male Under the Age of 18 Years. No. 87,001Court of Appeals of Kansas Opinion filed: March 8, 2002. Aff’d in part, rev’d in part 274 Kan. 813, 57 P.3d 1 (2002). SYLLABUS BY THE COURT 1. JUVENILE JUSTICE CODE — Sentencing — Consecutive Sentences […]

410 P.2d 414 FORREST PUCKETT, Appellee and Cross-Appellant, v. C.K. MINTER DRILLING COMPANY and UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellants and Cross-Appellees. No. 44,338Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Workman to Be Compensated for Loss of Earning Powers. The purpose evidenced by K.S.A. […]

454 P.2d 550 ONEAL SCOGGINS, Appellant, v. STATE OF KANSAS, Appellee. No. 45,558Supreme Court of Kansas Opinion filed May 17, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — First Degree Robbery — Value of Property Not Essential. The value of property taken from one who is robbed is not an essential element of the […]

50 P.3d 57 In the Matter of KIMBERLEY K. KELLOGG, Respondent. No. 87,896Supreme Court of Kansas Opinion filed: July 12, 2002. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed July 12, 2002. Indefinite suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause, and Stanton A. Hazlett, disciplinary administrator, was with him on […]

50 P.3d 506 In the Matter of the Marriage of D. KEITH JENNINGS, Appellee, and CYNTHIA L. JENNINGS, Appellant. No. 87,737Court of Appeals of Kansas Opinion filed: July 19, 2002. Petition for review denied 274 Kan. 1112 (2002). SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Custody — Appellate Review. When reviewing a […]

16 P.3d 975 VONA R. PRUTER, Appellee, v. LARNED STATE HOSPITAL, Appellant, and STATE SELF-INSURANCE FUND, Insurance Carrier/Appellant. No. 84,865Court of Appeals of Kansas Opinion filed December 15, 2000. Aff’d 271 Kan. 865, 26 P.3d 666 (2001). SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Statutory Interpretation by Agency — Judicial Deference. The interpretation of […]

369 P.2d 228 ROBERT D. RATI, Appellee and Cross-Appellant, v. THE PITTSBURG FINANCE THRIFT CORPORATION, INCORPORATED, a Corporation, Appellant, EARL K. ALLMON, Cross-Appellee. No. 42,521Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT 1. LIMITATION OF ACTIONS — Malicious Prosecution — When Action Barred. An action based upon malicious prosecution must […]

529 P.2d 117 IRMINA OSWALD, Appellant, v. LORENA WEIGEL and EDGAR M. WEIGEL, Appellees. No. 47,533Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Claimant in Possession — Bill of Sale Executed by Decedent — Need Not File Claim in Probate Court. A claimant in possession […]

531 P.2d 9 UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, STANLEY E. PFANNENSTIEL, a minor, by CONNIE E. PFANNENSTIEL, his Father and next friend, and CONNIE E. PFANNENSTIEL, Appellees, v. CONTINENTAL INSURANCE COMPANY, a corporation, CLARENCE J. ROHR, GARY L. ROHR, a minor, Appellants, and LARRY MORRIS, Appellee. No. 47,347Supreme Court of Kansas Opinion […]

400 P.2d 1013 OLIVE M. YANKOVIZ McGRATH, v. JOSEPH CHARLES MANCE, Appellee. No. 44,019Supreme Court of Kansas Opinion filed April 10, 1965. SYLLABUS BY THE COURT 1. EVIDENCE — Police Accident Report — Admissibility. A police report of an accident investigation which contains statements of a hearsay character and conclusions on the part of the […]

219 P.2d 690 JOHN H. WILSON, Appellee, v. ELBERT S. RULE, Appellant. No. 37,805.Supreme Court of Kansas Opinion filed June 10, 1950. SYLLABUS BY THE COURT 1. ANIMALS — Liability — “Run at Large” — Res Ipsa Loquitur — Statute Construed. In an action against the owner of a mule to recover for damages alleged […]

204 P.3d 630 STATE OF KANSAS, Appellee, v. LEONARD POLLMAN, Appellant. No. 93,947.Court of Appeals of Kansas. Opinion filed November 21, 2008. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Department of Health and Environment — Authority to Develop Criteria for Preliminary Breath Testing Devices. K.S.A. 65-1,107 provides the Kansas Department of Health and Environment with […]

865 P.2d 1031 In the Matter of MARK R. PLETTNER, Respondent. No. 68,303Supreme Court of Kansas December 15, 1993 ORDER ATTORNEY AND CLIENT — Disciplinary Proceeding — Discharge from Probation. On October 30, 1992, this court placed respondent on probation for a period of one year, subject to the following conditions: (1) that his legal […]

258 P.2d 993 JAMES BARCLAY SMITH, JR., Appellant, v. MUTUAL BENEFIT HEALTH ACCIDENT ASSOCIATION, Appellee. No. 39,006Supreme Court of Kansas Opinion filed July 6, 1953. SYLLABUS BY THE COURT INSURANCE — Terms of Policy — Exclusions — Participating in Aeronautics. Plaintiff brought an action to recover benefits under the terms of an accident insurance policy […]

960 P.2d 768 DONALD E. ANDERSON, Claimant/Appellee, v. THE BOEING COMPANY and KEMPER INSURANCE COMPANY, Respondent and Insurance Carrier/Appellants, v. AETNA CASUALTY SURETY COMPANY, Insurance Carrier/Appellee, and KANSAS WORKERS COMPENSATION FUND. No. 78,676Court of Appeals of Kansas Opinion filed June 12, 1998. SYLLABUS BY THE COURT WORKERS COMPENSATION — Carpal Tunnel Injury — Date of […]

433 P.2d 373 SUPREME PETROLEUM, INC., a Corporation, Appellee, v. DEAN J. BRIGGS, Appellant. No. 44,823Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT 1. AGENCY — Action on Promissory Note — Imputed Knowledge Rule — Exceptions — Qualifications to Exceptions — Question of Fact. In an action on a promissory […]

439 P.2d 78 STATE OF KANSAS, Appellee, v. RICHARD L. SCOTT, Appellant. No. 45,047Supreme Court of Kansas Opinion filed April 6, 1968. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Rule No. 116 — Not Applicable to Criminal Trial. Rule No. 116 of this court (197 Kan. LXXIII) which directs the findings of fact […]

464 P.2d 7 REX D. NELSON, Appellant, v. STATE OF KANSAS, Appellee. No. 45,781Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT CRIMINAL LAW — Habitual Criminal Act — Application. It is the previous conviction of a felony, and not the sentence imposed, that controls the application of the habitual criminal […]

982 P.2d 995 In the Matter of the Marriage of PRISCILLA A. PIERCE, Appellant, and DOUGLAS A. PIERCE, Appellee. No. 80,115Court of Appeals of Kansas Opinion Filed June 25, 1999. SYLLABUS BY THE COURT 1. DIVORCE — Division of Property — Disposable Retirement Pay Subject to Kansas Jurisdiction. Disposable retirement pay for one in the […]

675 P.2d 848 STATE OF KANSAS, Appellee, v. THANH VAN PHAM, Appellant. STATE OF KANSAS, Appellee, v. CAU TRAN, Appellant. STATE OF KANSAS, Appellee, v. NGAN VAN PHAM, Appellant. Nos. 55,179, 55,210, 55,221Supreme Court of Kansas Opinion filed January 13, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Severance of Trials for Codefendants — […]

521 P.2d 294 STATE OF KANSAS, Appellee, v. WILLIAM CARTER, Appellant. No. 47,287Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Entrapment — How Offense Originated — Failure to Show Prior Narcotic Sales — Not Proof of Entrapment — As a Matter of Law. Where some evidence […]

680 P.2d 928 ALBERT J. HAHN, Appellant, v. CESSNA AIRCRAFT COMPANY and HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellees. No. 55,773Court of Appeals of Kansas Opinion filed May 17, 1984 Petition for review denied October 2, 1984. SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Compensable Loss of Use of Eye — Determination. In a workers’ compensation […]

311 P.2d 325 RAY and MARIE SMITH, Appellants and Cross-Appellees, v. CLAUD B. and LOTTIE E. HARRIS, Appellees and Cross-Appellants. No. 40,440Supreme Court of Kansas Opinion filed May 11, 1957. SYLLABUS BY THE COURT 1. EASEMENTS — Express Easement Appurtenant to Land — Subsequent Mortgage on Dominant Estate — Effect of Foreclosure on Easement. Where […]

381 P.2d 546 In the Matter of the Estate of Gerhard Meyer, deceased. (ANTON A. MEYER, Administrator, Appellant, v. DORIS M. BILES, Appellee.) No. 43,236Supreme Court of Kansas Opinion filed May 11, 1963. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Demand — Transfer to District Court — Answer and Counterclaim for Wrongful Death — […]

298 P.2d 250 JIM SHAW, Plaintiff-Appellee, v. RALPH BAKER, Defendant-Appellant. No. 40,110Supreme Court of Kansas Opinion filed June 9, 1956. SYLLABUS BY THE COURT 1. MANDAMUS — Action to Compel Mayor to Sign Warrant — Official Holding Over. In a mandamus action to compel the newly elected mayor of a city of the second class […]

597 P.2d 614 JAMES R. NOLAN, Appellee, v. AUTO TRANSPORTERS, d/b/a NATIONWIDE AUTO TRANSPORTERS, INC., Appellant. No. 49,674Supreme Court of Kansas Opinion filed July 14, 1979. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Notice of Appeal — Suspension of Time Limitation by Filing Motion for New Trial. When an appeal is taken from a […]

306 P.2d 127 CHARLES E. McGINNIS and AILEEN O. McGINNIS, Appellees, v. THE CITY OF WICHITA, Appellant. ALBERT E. ARRINGTON and NORMA LEE ARRINGTON, Appellees, v. THE CITY OF WICHITA, Appellant. AINO W. KIRBY and LOUISE M. KIRBY, Appellees, v. THE CITY OF WICHITA, Appellant. EDWIN ALEXIS THOMPSON and JUANITA VIRGINIA THOMPSON, Appellees, v. THE […]

791 P.2d 742 FARMERS INSURANCE COMPANY, INC., Appellee, v. STEPHEN R. GILBERT, Appellant. No. 64,220Court of Appeals of Kansas Opinion filed May 4, 1990 Aff’d as modified 247 Kan. 589, 802 P.2d 556 (1990). SYLLABUS BY THE COURT 1. INSURANCE — Uninsured Motorist Coverage — Scope of Coverage. Subject to express limitations and exclusions that […]

699 P.2d 579 WESTERN FOOD PRODUCTS COMPANY, INC., Appellant, v. UNITED STATES FIRE INSURANCE COMPANY, Appellee. No. 56,593Court of Appeals of Kansas Opinion filed May 2, 1985 SYLLABUS BY THE COURT 1. INSURANCE — Construction of Unambiguous Insurance Policy. When the language of an insurance policy is clear and unambiguous, the words are to be […]

55 P.3d 927 STATE OF KANSAS, Appellee, v. DANIEL J. JOHNSON, Appellant. Nos. 86,056, 86,146Court of Appeals of Kansas Opinion filed: October 11, 2002. SYLLABUS BY THE COURT CRIMINAL LAW — Plea Agreement — Illegal Sentence Imposed Based on Agreement — State’s Options. When a plea agreement includes an agreement to recommend an illegal sentence, […]

528 P.2d 1244 MARY M. BENTON, Appellant, v. A. EUGENE BENTON, Appellee. No. 47,502Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT 1. MORTGAGES — Unfulfilled Agreement to Execute Mortgage — Equitable Mortgage. A loan made on the faith of an unfulfilled agreement to execute a formal mortgage on identifiable property […]

144 P.3d 706 DECISION POINT, INC., Appellant, v. REECE NICHOLS REALTORS, INC., Appellee. No. 95,543.Supreme Court of Kansas. Opinion filed October 27, 2006. SYLLABUS BY THE COURT1. UNIFORM CONSUMER CREDIT CODE — Code Applies to All Consumer Credit Transactions in Kansas. The Kansas codification of the Uniform Consumer Credit Code, K.S.A. 16a-1-101 et seq., applies […]

6 P.3d 441 STATE OF KANSAS, APPELLEE, v. ROBERT L. TAYLOR, APPELLANT. No. 83,028.Court of Appeals of Kansas May 12, 2000. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Inpatient Reintegration Program or Halfway House — Jail Time Credit Given on Time Spent in Such Programs as Condition of Probation. Under K.S.A. 21-4614a(a) and […]

105 P.3d 1290 In the Matter of GORDON M. ROCK, JR., Respondent. No. 93,128.Supreme Court of Kansas. Opinion Filed February 18, 2005. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed February 18, 2005. Disbarment. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and Stanton […]

109 P.3d 1199 STATE OF KANSAS, Appellee, v. BOBBY BRUCE WHITE, Appellant. No. 90,661.Supreme Court of Kansas. Opinion Filed April 22, 2005. SYLLABUS BY THE COURT1. TRIAL — Expert Witness — Trial Court’s Exclusion of Expert Testimony — Appellate Review. Under the facts of this case, we review de novo the district court’s decision to […]

520 P.2d 1296 JERRY WILLIAMS, Appellant, v. COMMUNITY DRIVE-IN THEATER, INC., Appellee, and DONNA KINDER McKENNA, (Defendant). No. 47,168Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. TRIAL — When Motion for Summary Judgment Should be Sustained — Benefit of Inferences. A motion for summary judgment under the provisions of […]

861 P.2d 1323 CITY OF OVERLAND PARK, KANSAS, Appellant, v. BRYAN L. McBRIDE, Appellee. No. 68,900Supreme Court of Kansas Opinion filed October 29, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Dismissal — Defendant’s Right to Move for Dismissal for Lack of Jurisdiction or for Failure of Prosecution to Charge Crime. Defendant’s right to […]

573 P.2d 1100 MRS. GERALD J. WINDHOLZ, Appellee, v. BETTY JO WILLIS, d/b/a ADAM EVE’S HAIRSTYLING, Appellant. No. 48,764Court of Appeals of Kansas Opinion filed December 2, 1977 SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Right to Counsel — Due Process. Due process requires notice and a hearing. In judicial proceedings in civil cases […]

457 P.2d 691 JACK RICHARDS AIRCRAFT SALES, INC., Appellee, v. J.C. VAUGHN, Appellant. No. 45,402Supreme Court of Kansas Opinion filed August 5, 1969. SYLLABUS BY THE COURT 1. CONTRACTS — Terms Must Be Definite — Qualifications Stated. The general rule that in order for a written agreement to be binding it must be sufficiently definite […]

48 P.3d 1287 DERRICK W. DAVIS, Appellant, v. DAVID R. McKUNE, et al., Appellees. No. 88,151Court of Appeals of Kansas Opinion filed: June 28, 2002. SYLLABUS BY THE COURT 1. PENAL INSTITUTIONS — Good Time Credits — Protected Liberty Interest. Good time credits already earned are a protected liberty interest where the State has created […]

654 P.2d 953 DEBRA COLLEEN COOK, Appellant, v. CITY OF TOPEKA, KANSAS, and KAREN SUE FINLEY, Appellees. No. 54,152Supreme Court of Kansas Opinion filed December 3, 1982. SYLLABUS BY THE COURT 1. TORTS — Kansas Tort Claims Act — “Judicial Function” — Failure of Court Clerk to Recall Traffic Warrant Not Exempted from Act. “Judicial […]

428 P.2d 760 FRANK E. MINOR, SR., Appellant, v. STATE OF KANSAS, Appellee. No. 44,640Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Judgment and Sentence — No Substitute for Second Appeal. Where a direct appeal is taken from a judgment and sentence in […]

608 P.2d 1044 CARL J. JOHNSON, a/k/a HERSHEL B. WESSON, Appellant, v. STATE OF KANSAS, Appellee. No. 51,262Court of Appeals of Kansas Opinion filed April 4, 1980 SYLLABUS BY THE COURT CIVIL PROCEDURE — Post-conviction Relief — District Court without Jurisdiction to Hear Motion. Appellant is serving a sentence in Texas upon conviction for burglary. […]

897 P.2d 144 FIRST NATIONAL BANK and TRUST, Appellee, v. MIAMI COUNTY COOPERATIVE ASSOCIATION, Appellant. No. 72,329Supreme Court of Kansas Opinion filed June 9, 1995. SYLLABUS BY THE COURT 1. AGRICULTURE — Food Security Act — Preempts Kansas Farm Products Exception in Uniform Commercial Code. 7 U.S.C. § 1631 (1994) of the Food Security Act […]

549 P.2d 1007 In the Matter of GARY FLANIGAN, Appellant, v. LEAVENWORTH RECREATION COMMISSION, Appellee. No. 47,974Supreme Court of Kansas Opinion filed May 8, 1976. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Termination of Recreation Commission — Agreement between City and School District. The termination (under K.S.A. 12-1912) of a recreation commission jointly sponsored […]

376 P.2d 915 STATE OF KANSAS, Appellee, v. THOMAS HARRY WADE, Appellant. No. 43,159Supreme Court of Kansas Opinion filed December 8, 1962. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Grand Larceny — Plea in Abatement — Admission of Exhibits — Admissibility of Testimony on Cross-examination. This is a criminal action where the complaint upon […]

271 P.2d 797 LOLA HIBBS, Appellee, v. CITY OF WICHITA, Appellant. No. 39,415Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Action Under Mob Statute — Filing Claim — Sufficiency of Petition. The petition examined, and held, the facts therein alleged and relied on are insufficient to state […]

565 P.2d 1384 LARRY ROGERS, Plaintiff, v. ELWILL M. SHANAHAN, Secretary of State, Defendant. No. 48,660Supreme Court of Kansas Opinion filed December 23, 1976. SYLLABUS BY THE COURT ELECTIONS — Action in Mandamus — Name to Be Read at Preorganizational Meeting. In an original action in mandamus, it is held, as more fully set forth […]

638 P.2d 933 FRED CROSS, SR., et ux., Appellants, v. CITY OF KANSAS CITY, KANSAS and KANSAS CITY, KANSAS BOARD OF PUBLIC UTILITIES, Appellees. No. 53,238Supreme Court of Kansas Opinion filed January 15, 1982. SYLLABUS BY THE COURT 1. PUBLIC UTILITIES — Board of Public Utilities of Kansas City — Governmental Immunity. The Board of […]

327 P.2d 1028 PAULINE A. NELSON, Guardian of RUBY PATTERSON, an Incompetent Person, Appellant, v. JOHN A. HEIN, Appellee. No. 41,050Supreme Court of Kansas Opinion filed July 7, 1958. SYLLABUS BY THE COURT JUDGMENTS — Collateral Attack — Tax Foreclosure — Property Purchased by Guardian — Sufficiency of Petition. Following Shell Oil Co. v. Board […]

604 P.2d 76 TANYA HOYER, Appellee, v. CLYDE and LAURA CANNEDY, Appellants. No. 50,261Court of Appeals of Kansas Opinion filed December 28, 1979 SYLLABUS BY THE COURT 1. PARENT AND CHILD — Services Rendered by Child for Parent — Presumption That Performance Gratuitous. Services rendered by a child for his or her parents are generally […]

789 P.2d 1161 KANSAS GAS ELECTRIC, A CORPORATION, Appellee, v. ROBERT VINSON EYE; MARY M. STEPHENS, a/k/a “Stevi” Stephens; ALLIANCE FOR LIVABLE ELECTRIC RATES, an unincorporated association, d/b/a ALERT; and NUCLEAR AWARENESS NETWORK, INC., a Corporation, d/b/a NAN, Appellants. No. 63,127Supreme Court of Kansas Opinion filed April 13, 1990. SYLLABUS BY THE COURT 1. COPYRIGHT […]

270 P.2d 232 THE CONDON NATIONAL BANK OF COFFEYVILLE, Coffeyville, Kansas, a Corporation, Appellee, v. E. KRIGEL, Appellant. No. 39,336Supreme Court of Kansas Opinion filed May 8, 1954. SYLLABUS BY THE COURT LICENSES — From Private Person — Divisional Stairway — Revocation — Findings. The record in an action under the declaratory judgment statute to […]

740 P.2d 92 ANN P. LAMBRIGHT, Appellee, v. ROBERT L. LAMBRIGHT, Appellant. No. 59,491[1] Court of Appeals of Kansas Opinion filed May 7, 1987 [1] Reporter’s Note: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated July 9, 1987, pursuant to Rule 7.04. SYLLABUS BY THE […]

701 P.2d 1314 STATE OF KANSAS, ex rel., Nick A. Tomasic, Wyandotte County District Attorney, Kansas City, Kansas, Relator, v. KANSAS CITY, KANSAS, a Municipal Corporation Organized and Existing Under the Laws of the State of Kansas, Respondent, and CITY OF KANSAS CITY, KANSAS, WYANDOTTE COUNTY JOINT PORT AUTHORITY, A PUBLIC BODY CORPORATE AND POLITIC, […]

313 P.2d 233 VIOLET JEFFERS, Appellee, v. DAIL L. JEFFERS, Appellant. No. 40,491Supreme Court of Kansas Opinion filed July 3, 1957. SYLLABUS OF THE COURT 1. NEW TRIAL — Motion as Prerequisite to Appellate Review — Trial Errors. Following Morgan v. Morgan, 146 Kan. 880, 73 P.2d 1105, in an appeal from a judgment granting […]

411 P.2d 725 O.S. BELLPORT, Appellant, v. W.E. HARDER and MILDRED O. HARDER, Appellees. No. 44,280Supreme Court of Kansas Opinion filed March 5, 1966. SYLLABUS BY THE COURT 1. HOMESTEAD — Occupancy and Residence — Presumption When Homestead Established. While occupancy and residence are essential to establish the existence of a homestead, once a homestead […]