Category: Kansas Court Opinions

218 P.2d 219 CHARLES L. DAVISON (J.O. WILSON, Guardian of the Estate of CHARLES L. DAVISON, an Incompetent Person), Appellee, v. THE MARTIN K. EBY CONSTRUCTION COMPANY, INC., A Corporation, Appellant. No. 38,048Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT 1. LIMITATION OF ACTIONS — Computation of Statutory Period — […]

232 P.2d 437 C.A. HAINES, et al., Appellants, v. RURAL HIGH SCHOOL DISTRICT No. 3 of Republic County, Kansas, et al., Appellees. No. 38,312Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT 1. INJUNCTION — Parties Plaintiff — Right of Individual Without Special Interest. An individual is not a proper plaintiff […]

667 P.2d 868 THE BOARD OF COUNTY COMMISSIONERS OF RILEY COUNTY, KANSAS, et al., Plaintiffs/Appellees, v. THE CITY OF JUNCTION CITY, KANSAS, Defendant/Appellant. No. 55,199Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Annexation — Validity of Ordinance Which Attempts Annexation of Single Tract that Includes […]

86 P.3d 1021Supreme Court of Kansas March 26, 2004 Title Docket Appeal Date of Decision Number From Decision Simons, In re 91155 Douglas 03/26/2004 Affirmed. Estate of

591 P.2d 1091 In the Matter of the Estate of Nellie Mae Carothers, Deceased. No. 49,556Court of Appeals of Kansas Opinion filed March 9, 1979 Petition for review denied May 10, 1979. SYLLABUS BY THE COURT 1. ATTORNEYS — Attorney Fees — Allowance against Decedent’s Estate. Attorney fees and expenses may not be allowed against […]

957 P.2d 1105 In the Matter of GARY W. LONG II, Respondent. No. 13564Supreme Court of Kansas Opinion filed March 6, 1998. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated January 27, 1998, to the Clerk of the Appellate Courts, respondent Gary W. Long II, of Kansas City, […]

891 P.2d 422 In the Matter of the Appeal of COLLINGWOOD GRAIN, INC., GARVEY ELEVATORS, INC., and CAIRO COOPERATIVE EQUITY EXCHANGE from an Order of the Director of Taxation on Assessment of Sales Tax and Refund Requests. No. 71,465Supreme Court of Kansas Opinion filed March 10, 1995. SYLLABUS BY THE COURT 1. TAXATION — Board […]

505 P.2d 624 JACK BEVERLY and MAYBELLE BEVERLY, Appellees, v. E.R. McCULLICK, H. IRVIN CHRISTIANSEN, EDWARD B. TOLLE, JOE CLEMENCE, SALINA LIVESTOCK COMMISSION CO., INC., LAWRENCE CLEMENCE, ROBERT D. MUIR, EDWARD T. TOLLE, MERRILL CHRISTIANSEN and THE FARMERS AND RANCHERS LIVESTOCK COMMISSION CO., INC., Appellants. No. 46,521Supreme Court of Kansas Opinion filed January 20, 1973. […]

573 P.2d 595 STATE OF KANSAS, Appellee, v. JAMES JOHNSON, Appellant. No. 48,624Supreme Court of Kansas Opinion filed December 10, 1977. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Amending Information before Verdict or Findings. The trial court may permit a complaint or information to be amended at any time before verdict or finding […]

430 P.2d 251 STATE OF KANSAS, Appellee, v. MARGARET PHINIS, Appellant. No. 44,925Supreme Court of Kansas Opinion filed July 12, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Possession of Pistol After Conviction of Felony — “On the Scene” Statements. In a prosecution for unlawful possession and control of a pistol after conviction of […]

899 P.2d 478 WARREN BROWN GILLESPIE, Appellee, v. MARTIN, PRINGLE, OLIVER, WALLACE SWARTZ, Appellants. No. 71,260Supreme Court of Kansas Opinion filed July 14, 1995. SYLLABUS BY THE COURT FIDUCIARY RELATIONSHIP — Breach of Fiduciary Duty by Law Firm — Liability of Law Firm for Improperly Deducted Funds. In a breach of contract/breach of fiduciary duty […]

274 P.2d 769 W.H. BROWN and ROBERTA BROWN, Appellants, v. TRI-STATE INSURANCE COMPANY and SECURITIES ACCEPTANCE CORPORATION, a Corporation, Appellees. No. 39,432Supreme Court of Kansas Opinion filed October 9, 1954. SYLLABUS BY THE COURT 1. SALES — Conditional Sale Contract — Distinguished from Other Transactions. Whether a contract is one of conditional sale, or a […]

264 P.2d 1073 GLENN MADDOX, Appellant, v. HAROLD E. NEPTUNE, Appellee. No. 39,133Supreme Court of Kansas Opinion filed December 12, 1953. SYLLABUS BY THE COURT 1. PHYSICIANS AND SURGEONS — Malpractice — Theory of Action — Limitations. In an action to recover compensation for personal injuries resulting from post-operative treatment by a physician, the pleadings […]

296 P.2d 1085 KING S. BARKER, Appellee, v. ROGER A.W. ZECKSER, KENNETH MILLER and EMPLOYERS MUTUAL CASUALTY COMPANY, a Corporation, Appellants. No. 40,074Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Compensation Paid by Employer — Action Against Negligent Third Party — Motion to Strike Allegations of Answer […]

807 P.2d 697 STATE OF KANSAS, Appellee, v. RONALD D. RIEDL, Appellant. No. 65,288Court of Appeals of Kansas Opinion filed March 15, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Compulsion Defense — Application — Absolute Liability Traffic Offenses. The compulsion defense, K.S.A. 21-3209, is applicable to absolute liability traffic offenses. 2. SAME — […]

468 P.2d 113 ISIS FOODS, INC., Appellant, v. MO-KAN ENTERPRISES, INC., EDWARD G. JOHNSTON, Appellee. No. 45,621Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings Supported by Evidence — Review. Findings of fact by the trial court will not be set aside on appellate review […]

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 […]

48 P.3d 1278 CHRIS DARNELL, Appellant v. CHARLES SIMMONS, et al., Appellees. No. 87,483Court of Appeals of Kansas Opinion filed: June 21, 2002. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Incarcerated Person — Right to Adequate Medical Treatment. In Kansas, an incarcerated person retains rights to adequate medical care and treatment. These rights derive […]

984 P.2d 725 IN THE MATTER OF THE APPLICATIONS OF KINNET FOR RELIEF FROM A TAX GRIEVANCE IN NUMEROUS COUNTIES IN KANSAS and IN THE MATTER OF THE APPLICATIONS OF LIBERTY CELLULAR FOR RELIEF FROM A TAX GRIEVANCE IN NUMEROUS COUNTIES. No. 81,049Court of Appeals of Kansas Opinion Filed June 25, 1999. SYLLABUS BY THE […]

575 P.2d 530 STATE OF KANSAS, Plaintiff-Appellee, v. RONALD L. DUNN, Defendant-Appellant. No. 48,930Supreme Court of Kansas Opinion filed February 25, 1978. SYLLABUS BY THE COURT CRIMINAL LAW — Kidnapping — Instructions. In a prosecution for kidnapping (K.S.A. 21-3420), the record is examined and it is held: (1) There was sufficient evidence to support a […]

624 P.2d 964 STATE OF KANSAS, Appellee, v. WILLIE CLYDE ROBINSON, RICKY D. LLOYD and STEVEN CLARK, Appellants. No. 52,080Supreme Court of Kansas Opinion filed February 28, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Conviction Based on Insufficient Charge — Void. A conviction based upon an information which does not sufficiently charge the […]

245 P.3d 107 STATE OF KANSAS, Appellee, v. RUSSELL L. ENGLAND, Appellant. No. 102,685.Court of Appeals of Kansas. Opinion filed December 10, 2010. SYLLABUS BY THE COURT1. CRIMINAL LAW — Illegal Sentence — Appellate Review. Whether a criminal sentence is illegal within the meaning of K.S.A. 22-3504 presents a question of law over which an […]

601 P.2d 665 W. CRAIG HUTTON, As Receiver for KANSAS SAVINGS LOAN ASSOCIATION, Appellee, v. RAINBOW TOWER ASSOCIATES, a Kansas Limited Partnership, Appellant. No. 49,640Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT MORTGAGES — Foreclosure — Ex Parte Appointment of Receiver — Equitable Estoppel Not Applicable. In an interlocutory appeal […]

559 P.2d 357 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, MALCOLM M. NICHOLSON, and GOLDIE M. NICHOLSON, Appellants, v. HARLAND CECIL HALL, Appellee. No. 48,119Supreme Court of Kansas Opinion filed January 22, 1977. SYLLABUS BY THE COURT 1. BANKRUPTCY — How Debts Must Be Scheduled. It is the duty of a bankrupt, under the provisions of […]

921 P.2d 234 HOME BUILDERS ASSOCIATION OF GREATER KANSAS CITY, et al., Appellees, v. CITY OF OVERLAND PARK, KANSAS, Appellant. No. 74,409Court of Appeals of Kansas Opinion filed July 26, 1996. Petition for review denied 260 Kan. 993 (1996). SYLLABUS BY THE COURT 1. REAL PROPERTY — Excise Tax upon Platting Real Property — Not […]

116 P.3d 55 SENNE CO., INC. v. SIMON CAPITAL LTD. PARTNERSHIP. No. 93,434.Court of Appeals of Kansas. July 29, 2005. Appeal from Shawnee. Decision without published opinion. Affirmed in part, reversed in part, and remanded with directions.

524 P.2d 709 CAROL A. PATTON, Appellee, v. RONALD A. PATTON, Appellant. No. 47,433Supreme Court of Kansas Opinion filed July 17, 1974. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Custody of Children — Issue Between Parents — Criteria for Determination. Where the custody of children is in issue between parents the primary question […]

490 P.2d 615 ROBERT GRAY, Appellant, v. RAY GILL, FRONTIER INDUSTRIES, INC., AL MOLLENKAMP and ELBERT L. PATTON, (AL MOLLENKAMP, Appellee.) No. 46,069Supreme Court of Kansas Opinion filed November 6, 1971. SYLLABUS BY THE COURT 1. TRIAL — Discovery — Summary Judgment. When a party makes no suggestion to the trial court of any additional […]

276 P.2d 332 F.L. NOVASCONE, d.b.a. WICHITA BUILDERS SUPPLY CO., Appellee, v. C.M. KNOTT, Appellant. No. 39,476Supreme Court of Kansas Opinion filed November 13, 1954. SYLLABUS BY THE COURT TRIAL — Instructions — Admissibility of Evidence — Rulings. The record examined in the trial of an action to recover for merchandise sold by the plaintiff […]

562 P.2d 453 GAROLD E. SHELMAN and CAPITOL STORES, INC., a corporation; and HARTFORD ACCIDENT AND INDEMNITY COMPANY; R.G. ALDRIDGE d/b/a ALDRIDGE CONSTRUCTION COMPANY, and UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellees, v. WESTERN CASUALTY AND SURETY COMPANY, Appellant. No. 48,307Court of Appeals of Kansas Opinion filed March 4, 1977 Petition for review denied April […]

387 P.2d 182 LELA U. SODEN, HUBERT I. SODEN, and ALINE SODEN, Appellants, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee. No. 43,349Supreme Court of Kansas Opinion filed December 7, 1963. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Extent of Inherent Power of Legislature. The inherent power of the legislature over […]

353 P.2d 786 LIBERTY GLASS COMPANY, Appellee, v. W.J. BATH and LOUISE G. BATH, d/b/a DR. PEPPER BOTTLING CO., Defendants; W.J. BATH, Appellant. No. 41,853Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT APPEAL AND ERROR — Recovery of Money — Existence of Partnership — Rulings on Pleading. In an action […]

891 P.2d 365 STATE OF KANSAS, Appellee, v. BRUCE J. MANNING, Appellant. No. 70,510Supreme Court of Kansas Opinion filed March 10, 1995. SYLLABUS BY THE COURT 1. TRIAL — Jury Trial in Criminal Case — Trial Court’s Response to Jury’s Questions on State’s Burden of Proof. Where, during its deliberation, the jury advised the court […]

517 P.2d 131 LESLIE RENEE MAHONE, EFFIE DENISE MAHONE and ASIE MAHONE, III, minor children, by and through their natural guardian, mother and next friend, FLORA MAHONE, Appellees, v. ASIE MAHONE, JR., and JOHN CORKHILL, Executive Secretary, Kansas Public Employees Retirement System, Appellants. No. 46,986Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY […]

7 P.3d 1194 THE STATE OF KANSAS ex rel. STATE BOARD OF HEALING ART , Appellee, v. STANLEY W. BEYRLE, Appellant. No. 82,354Supreme Court of Kansas Opinion filed July 14, 2000. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Standards of Review. The standards of review of constitutional challenges are restated. 2. PUBLIC HEALTH […]

223 P.2d 695 MILDRED ALENE RAMEY, Appellant, v. ALVIN DEWEY RAMEY, Appellee, JAMES S. AILLS and EDNA IRENE AILLS (Intervenors), Appellants. No. 37,875Supreme Court of Kansas Opinion filed November 10, 1950. SYLLABUS BY THE COURT DIVORCE — Order Granting Custody of Minor Child. The record in a child custody proceeding examined, and it is held, […]

625 P.2d 5 CONTINENTAL BUILDERS, INC., Plaintiff-Appellant, v. WILLIAM H. LEACH, Defendant-Appellee. No. 51,905Court of Appeals of Kansas Opinion filed March 13, 1981 SYLLABUS BY THE COURT CONTRACTS — Oral Renewal of Written Lease — Statute of Frauds. An oral notice of election to exercise an option for renewal of a written lease does not […]

105 P.3d 1237 STATE OF KANSAS, Appellant, v. MATTHIAS W. SCHROEDER, JR., Appellee. No. 90,188.Supreme Court of Kansas. Opinion Filed February 18, 2005. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Double Jeopardy — Appellate Review. Appellate review of a double jeopardy claim is de novo. 2. CONSTITUTIONAL LAW — Double Jeopardy — Codification of […]

284 P.2d 586 WAYNE LUNDRY, Appellant, v. WALTER W. WOODEN and EDWIN W. JAMES, Appellees. No. 39,649Supreme Court of Kansas Opinion filed June 11, 1955. SYLLABUS BY THE COURT CONTRACTS — Breach of Implied Covenant — Acceptance by Third Party — Demurrer. In an action for damages alleged to have been sustained when defendants breached […]

625 P.2d 1137 STATE OF KANSAS, Appellant, v. THOMAS S. HERMES, Appellee. No. 52,498Supreme Court of Kansas Opinion filed March 25, 1981. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Statutory Right — Appeal Not Authorized in Absence of Statute. The right to appeal is statutory and, in the absence of a statute which authorizes […]

242 P.2d 1060 KENNETH PIPPIN and MARGARET PIPPIN, Appellants, v. COMMERCE LOAN AND INVESTMENT COMPANY, INC., Appellee. No. 38,481Supreme Court of Kansas Opinion filed April 12, 1952. SYLLABUS BY THE COURT APPEAL AND ERROR — Amount in Controversy Upon Appeal — Jurisdiction. Except in those instances enumerated by the statute (G.S. 1949, 60-3303), the Supreme […]

380 P.2d 421 LEWIS A. PAUL, Appellant, v. FRANK W. NORTH, Defendant, and L. CHANDLER SMITH, Appellee. Nos. 42,750 and 42,882Supreme Court of Kansas Opinion filed April 6, 1963. SYLLABUS BY THE COURT 1. TRUSTS — Constructive Trust — Fiduciary Relationship — Joint Adventure — Findings and Judgment Supported by Evidence. In an action designed […]

448 P.2d 18 WILLIAM H. JACKSON, Appellant, v. STATE OF KANSAS, Appellee. No. 44,693Supreme Court of Kansas Opinion filed December 7, 1968. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Post-decision Motion — Confinement Under Another Sentence Rule. The rule that a prisoner has no right to an adjudication of a motion challenging the validity […]

867 P.2d 303 NADINE N. JONES, Appellant, v. MERIDA HANSEN and CARL HANSEN, Appellees. No. 68,926Supreme Court of Kansas Opinion filed January 21, 1994. SYLLABUS BY THE COURT 1. TORTS — Premises Liability — Common-law Duty Owed by Occupier of Land to Licensees No Longer Applied in Kansas. In Kansas, the duty owed by an […]

123 P.3d 212 STATE v. GRAVES. No. 93,507.Court of Appeals of Kansas. December 2, 2005. Appeal from Washington. Decision without published opinion. Affirmed.

317 P.2d 410 HAZEL BENNETT, Appellee, v. PAUL P. CONRADY, Defendant, and MARY ANNE CONRADY, Garnishee, Appellant. MURIEL CHILDS, Appellee, v. PAUL P. CONRADY, Defendant, and MARY ANNE CONRADY, Garnishee, Appellant. EDITH REIDA, Appellee, v. PAUL P. CONRADY, Defendant, and MARY ANNE CONRADY, Garnishee, Appellant. Nos. 40,569, 40,574, 40,575Supreme Court of Kansas Opinion filed November […]

263 P.2d 230 STATE OF KANSAS, Appellee, v. DORIS M. PULEC, Appellant. No. 39,104Supreme Court of Kansas Opinion filed November 7, 1953. SYLLABUS BY THE COURT 1. STATUTES — Construction of Criminal Statutes. Criminal statutes must be strictly construed. 2. INTOXICATING LIQUOR — Cereal Malt Beverages — Possession of Alcoholic Liquor — Misdemeanor. G.S. 1949, […]

701 P.2d 939 ROCKY A. WENTLING, individually and as parent and natural guardian of ROCKY WENTLING and SHANE WENTLING, both minors, Appellee, v. MEDICAL ANESTHESIA SERVICES, P.A., A Kansas Corporation, Appellant. No. 56,984Supreme Court of Kansas Opinion filed June 21, 1985. SYLLABUS BY THE COURT 1. WRONGFUL DEATH — Pecuniary Damages — Plaintiff’s Burden of […]

895 P.2d 1252 In the Matter of KYM E. MYERS, Respondent. No. 73,451Supreme Court of Kansas Opinion filed June 2, 1995. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed June 2, 1995. Disbarment. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause and was on […]

622 P.2d 140 STATE OF KANSAS, Appellee, v. DAVID L. KNOXSAH, Appellant. No. 51,813Supreme Court of Kansas Opinion filed January 17, 1981. SYLLABUS BY THE COURT CRIMINAL LAW — Involuntary Manslaughter and Aggravated Robbery — Jury Instruction on Voluntary Intoxication — Sufficiency of Evidence. In an appeal from convictions of aggravated robbery and involuntary manslaughter, […]

443 P.2d 186 MILTON BERGER (a/k/a MILTON J. BERGER) and MARTHA BERGER (a/k/a MARTHA M. BERGER), Appellees, v. JOHN H. BIERSCHBACH, Appellant. No. 45,131Supreme Court of Kansas Opinion filed July 13, 1968. SYLLABUS BY THE COURT 1. DEEDS — Deed as Mortgage. This court has long recognized the rule that where a deed, although absolute […]

224 P.2d 989 B.M. BROWN, Appellant, v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, Appellee. No. 38,049Supreme Court of Kansas Opinion filed December 9, 1950. SYLLABUS BY THE COURT INSURANCE — Loss of Automobile by Theft — Proof of Loss — Waiver — Demurrer to Evidence. The record examined in an action to recover for […]

666 P.2d 655 CHARLES R. THORNTON, Appellant, v. VICTOR L. SHORE, DONALD L. BENDER, and VIRGINIA McCUE, Administrator of the Estate of Kenneth E. McCue, III, Deceased, Appellees. KENNETH E. McCUE and VIRGINIA McCUE, Appellants, v. VICTOR L. SHORE; DONALD L. BENDER; STATE OF KANSAS; and THE CITY OF LAWRENCE, KANSAS, a municipal corporation, Appellees. […]

44 P.3d 439 E. DEAN CARLSON, IN HIS CAPACITY AS THE SECRETARY OF TRANSPORTATION FOR THE STATE OF KANSAS, Appellee, v. UNDERWOOD EQUIPMENT, INC., A KANSAS CORPORATION, Appellant. No. 86,685Supreme Court of Kansas Opinion filed: April 19, 2002. SYLLABUS BY THE COURT EMINENT DOMAIN — Splitting of Pattern Jury Instruction Concerning Market Value of Property […]

81 P.3d 1275Court of Appeals of Kansas August 1, 2003 Title Docket Appeal Date of Decision Number From Decision Swor d/b/a Southwest Service Company v. Aegis Auto Finance, Inc., et al. 88,061 Sedgwick 08/01/2003 Affirmed State v. Scheuerman 88,741 Barton 08/01/2003 Affirmed State v. Green 88,983 Lyon 08/01/2003 Affirmed In the Interest of A.A.M. 89,657 […]

531 P.2d 122 KANSAS STATE BOARD OF NURSING, Appellant, v. PATRICIA JANE BURKMAN, Appellee. No. 47,555Supreme Court of Kansas Opinion filed January 25, 1975. SYLLABUS BY THE COURT 1. NURSES — Appeal From Order of Board of Nursing — Extent of Court’s Authority. In an appeal from an order of the board of nursing pursuant […]

777 P.2d 765 CLIFFORD C. REEVES, Appellee, v. EQUIPMENT SERVICE INDUSTRIES, INC., and THE TRINITY COMPANIES, Appellants. No. 61,740Supreme Court of Kansas Opinion filed July 14, 1989. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Appellate Review — Scope of Review by District Court. The scope of review by the district court in a workers’ […]

532 P.2d 1089 FRANCES R. GECHTER, Appellant, v. DALE I. GECHTER, Appellee. No. 47,494Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT DIVORCE — Division of Property — Refusal to Admit Neighbor’s Opinion Evidence as to Value — Alter Award of Unharvested Crops — Adjust Business Assets — New Trial. In […]

617 P.2d 1264 KANSAS POWER AND LIGHT COMPANY, Appellee, v. JOSEPH FLOERSCH and DELORES FLOERSCH, Appellants. No. 50,268Supreme Court of Kansas Opinion filed November 1, 1980. MEMORANDUM OPINION REAL PROPERTY — Condemnation Proceedings — Value of Property Condemned — Jury’s Consideration as to Value. Review of the judgment of the Court of Appeals in 4 […]

379 P.2d 314 INEZ L. DIKEMAN, Appellant, v. BIRL DIKEMAN, Appellee. No. 43,026Supreme Court of Kansas Opinion filed March 2, 1963. SYLLABUS BY THE COURT 1. DIVORCE — Alimony and Division of Property — Property Acquired During Marriage. In a divorce action in which the court awarded permanent alimony to the wife and made a […]

113 P.3d 834 STATE v. McGLOTHEN. No. 91,723.Court of Appeals of Kansas. June 24, 2005. Appeal from Johnson. Decision without published opinion. Affirmed.

270 P.2d 261 KANSAS-BOSTWICK IRRIGATION DISTRICT No. 2, Appellee and Cross Appellant, v. CHARLES MIZER, et al., Appellants and Cross Appellees. No. 39,408Supreme Court of Kansas Opinion filed May 8, 1954. SYLLABUS BY THE COURT 1. WATERS — Contract Between Irrigation District and United States — Statutory Terms Construed — Formula for Assessments. In an […]

734 P.2d 1063 A.M. STAUTH, RANDY M. STAUTH, J. WES BERGHOUSE, DEE JACQUART, and ROLLIE JACQUART, Appellees, v. WILLIAM F. BROWN, JR., and AMY E. BROWN, husband and wife, and WILLIAM C. ECKLES and CHERYL A. ECKLES, husband and wife, Appellants. No. 58,318Supreme Court of Kansas Opinion filed March 27, 1987. SYLLABUS BY THE COURT […]

100 P.3d 628 ANDERSON v. STATE. No. 91,378.Court of Appeals of Kansas November 19, 2004. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

311 P.2d 313 W.D. HOWARD and ALMA HOWARD, Appellants, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellee. No. 40,422Supreme Court of Kansas Opinion filed May 11, 1957. SYLLABUS BY THE COURT EMINENT DOMAIN — Appeal Dismissed Without Prejudice — New Action Filed After Term — Jurisdiction. In a proceeding in eminent domain for condemnation of land […]

989 P.2d 795 STATE OF KANSAS, Appellee, v. HAROLD EICHMAN, Appellant. No. 81,242Court of Appeals of Kansas Opinion filed: October 1, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Assault of Law Enforcement Officer. K.S.A. 21-3408, K.S.A. 21-3410(a), and K.S.A. 21-3411 are interpreted and applied. 2. SAME — Criminal Intent — Essential Element […]

696 P.2d 969 STATE OF KANSAS, Appellee, v. ANDREW T. DUBISH, Appellant. No. 56,872Supreme Court of Kansas Opinion filed March 2, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Probation. Probation is defined by K.S.A. 1984 Supp. 21-4602(3) as a procedure whereby a defendant, after being found guilty of a crime, is released by […]

212 P.2d 356 FLORENCE HARRAL, Appellee, v. THE KENT CORPORATION, a Corporation, Appellant. No. 37,720Supreme Court of Kansas Opinion filed December 10, 1949. SYLLABUS BY THE COURT 1. INNKEEPERS — Liability for Injury to Guests — Duty of Hotel Keeper. Whenever one engaged in business invites the public to come upon his premises to patronize […]

689 P.2d 1196 STATE OF KANSAS, Appellant, v. RICK E. FORTUNE, Appellee. No. 56,426Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Scope of Constitutional Search and Seizure Protections. The scope of the constitutional protections afforded by the Kansas Constitution Bill of Rights, Section Fifteen, and the […]

500 P.2d 35 ROBERT GRABER, Appellee, v. LYLE GRIFFIN and NELSON HOBART, Appellants. No. 46,449Supreme Court of Kansas Opinion filed July 19, 1972. SYLLABUS BY THE COURT 1. FORCIBLE ENTRY AND DETAINER — Entry to Prevent Waste — Tenants Right to Possession Expired by Notice — Question Moot. In a forcible entry and detainer action […]

573 P.2d 584 STATE OF KANSAS, Appellee, v. RONALD E. BERRY, Appellant. No. 48,700Supreme Court of Kansas Opinion filed November 5, 1977. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Two or More Informations to Be Tried Together. Under the provisions of K.S.A. 22-3202(1) informations charging offenses of (1) possession of heroin, and (2) possession […]

71 P.3d 481 In the Matter of CHARLES E. COTTON, Respondent. Bar Docket No. 04152.Supreme Court of Kansas. June 24, 2003. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter received June 6, 2003, by Carol Green, Clerk of the Appellate Courts, respondent Charles E. Cotton, of Wichita, Kansas, an attorney […]

400 P.2d 986 JAMES L. QUINN, Trustee in Bankruptcy of the Estate of Galen Smith Houdyshell and LUELLA TAYLOR HOUDYSHELL, his wife, Appellee, v. WALTER VOORHEES and GEORGETTA M. VOORHEES, Appellants. No. 43,978Supreme Court of Kansas Opinion filed April 10, 1965. SYLLABUS BY THE COURT 1. BANKRUPTCY — Mortgage Taking Possession of Merchandise — No […]

631 P.2d 1233 BERNARD J. BRUECK, et al., and KANSAS SAVINGS AND LOAN ASSOCIATION, Appellants and Cross-Appellees, and JAMES and MARGARET CURRENS, et al., Plaintiffs-Intervenors, v. T.R. KRINGS, et al., Defendants, and PEAT, MARWICK, MITCHELL Co., Appellee and Cross-Appellants. No. 51,945Court of Appeals of Kansas Opinion filed July 24, 1981 Reversed 230 Kan. 466, 638 […]

225 P.2d 73 CARL LAMPE, Appellant, v. CITY OF LEAWOOD and the BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Appellees. No. 38,035Supreme Court of Kansas Opinion filed December 9, 1950. SYLLABUS BY THE COURT 1. COUNTIES — Board of County Commissioners — Appeals. The legislative functions of the board of county commissioners in incorporating […]

612 P.2d 649 RAY R. YOCUM, Plaintiff, v. PHILLIPS PETROLEUM COMPANY, Defendant. No. 51,947Supreme Court of Kansas Opinion filed June 14, 1980. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Settlement Agreement Obtained by Employer’s Fraud — Relief Available to Employee. Where an employee asserted a claim for compensation against an employer under the Kansas […]

833 P.2d 136 PAN OIL AND GAS EXPLORATION, INC., Appellant, v. KELT KANSAS, INC., KELT ENERGY, INC., and AMERICAN EXPRESS BANK, LTD., Appellees. No. 67,313Court of Appeals of Kansas Opinion filed June 5, 1992 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Stipulated Facts — De Novo Appellate Review. Where a case is presented […]