Category: Kansas Court Opinions

269 P.2d 435 EVELYN HENDRIX, Appellant, v. CONSOLIDATED VAN LINES, INC., and ELMER SISSON, Defendants, AMERICAN AUTOMOBILE INSURANCE COMPANY and ASSOCIATED INDEMNITY COMPANY, Respondents and Appellees. Nos. 39,307 and 39,347Supreme Court of Kansas Opinion filed April 10, 1954. SYLLABUS BY THE COURT 1. CONTEMPT — Civil Contempt — Defined — Nature of Proceeding. In a […]

446 P.2d 774 In re DALE A. SPIEGEL’S voluntary surrender of his certificate to practice law in the State of Kansas. Bar Docket No. 4624Supreme Court of Kansas Opinion canceling certificate filed September 4, 1968. Per Curiam: On July 29, 1968, and on August 21, 1968, Dale A. Spiegel filed his written motion requesting that […]

636 P.2d 814 JENNIE LEE KRUMME, Plaintiff-Appellant, v. ROBERT R. KRUMME, Defendant-Appellee. No. 52,854Court of Appeals of Kansas Opinion filed November 25, 1981 SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support Judgment — Compliance with Soldiers’ and Sailors’ Civil Relief Act. Judgments entered which are not in compliance with Section 200 of […]

381 P.2d 524 CHARLES C. BROWNING, JR., AILEEN J. BROWNING, MERLE SPEER and EULA SPEER, Appellants, v. H.W. LEFEVRE, MARTHA LEFEVRE, JOSEPH F. RUMSEY, MYRTLE N. FAIR, DORRIS FAIR CAREY, DORRIS FAIR CAREY, Executrix Estate of Robert M. Carey, E.C. MORIARTY, A.M. BUZZI, WALTER R. BURDGE, Trustee Estate of John Kelly; J.O. WILSON, JUNE H. […]

520 P.2d 1239 MAYNARD C. ANDERSON, Appellee, v. PAULA D. ANDERSON, Appellant. No. 47,208Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Child Custody — Proceeding In Rem. A proceeding in habeas corpus in a child custody case is in the nature of a proceeding in rem […]

428 P.2d 825 MARION A. SIEBERT, Widow and Guardian of David D. Siebert, Minor Dependent of Donald J. Siebert, Deceased, Appellees, v. ORVILLE J. HOCH and R.F. HOCH, d/b/a HOCH’S DAIRY, ORVILLE J. HOCH, d/b/a VICTORY ALL STAR DAIRY, and ST. PAUL FIRE MARINE INSURANCE COMPANY, Appellants. No. 44,915Supreme Court of Kansas Opinion filed June […]

544 P.2d 330 THE CITY OF LIBERAL, a Municipal Corporation, Appellant, v. TELEPROMPTER CABLE SERVICE, INC., a Division of Teleprompter Corporation, Appellee. No. 47,772Supreme Court of Kansas Opinion filed December 13, 1975. SYLLABUS BY THE COURT 1. FRANCHISES — As a Contract. A franchise is the subject of a contract between the grantor and grantee, […]

146 P.3d 222 JAMES W. McDERMED, Appellant, v. STATE OF KANSAS, Appellee. No. 94,960.Court of Appeals of Kansas. Opinion filed November 9, 2006. SYLLABUS BY THE COURT1. HABEAS CORPUS — Petitioner in K.S.A. 60-1507 Proceeding Has Statutory Right to Effective Assistance of Counsel. A K.S.A. 60-1507 proceeding is a civil action for which there is […]

949 P.2d 634 STATE OF KANSAS, Appellee, v. LAWRENCE WHEELER, Appellant. No. 76,882.Court of Appeals of Kansas Opinion filed December 12, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jail Time Credit — Credit Earned for Time Defendant Spent in Jail Solely on Offenses for Which Defendant Is Being Sentenced. Under K.S.A. 21-4614, jail […]

296 P.2d 1106 CHARLES C. BARR, Appellee, v. BUILDERS, INC., and HAWKEYE-SECURITY INSURANCE COMPANY, Appellants. No. 40,144Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Extent of Appellate Jurisdiction. The jurisdiction of this court in workmen’s compensation cases is specifically limited to questions of law. 2. SAME […]

967 P.2d 1091 In the Matter of the Estate of ROGER DEAN HARRISON, Deceased. No. 78,338Court of Appeals of Kansas Opinion filed November 25, 1998. Petition for review denied 267 Kan. 885 (1999) SYLLABUS BY THE COURT 1. PROBATE CODE — Construction of Code Provisions — Simplified Estates Act. Various provisions of the probate code, […]

57 P.3d 8 STATE OF KANSAS, Appellee, v. LISA BOLDRIDGE, Appellant. No. 86,782Supreme Court of Kansas[1] 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 K.S.A. 20-2616, he […]

992 P.2d 1259 In the Matter of the Marriage of BRENDA BENOIT, Appellee, and CURTIS STREMEL (KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, ASSIGNEE OF RESPONDENT’S CHILD SUPPORT RIGHTS), Appellant. No. 81,732.Court of Appeals of Kansas Opinion filed: December 10, 1999. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — When District […]

249 P.3d 434 GARY L. COCHRAN and JERRI COCHRAN, Appellees, v. THE STATE OF KANSAS, DEPARTMENT OF AGRICULTURE, DIVISION OF WATER RESOURCES, and THE CITY OF WICHITA, KANSAS, Appellants. No. 102,498.Supreme Court of Kansas. Opinion filed March 25, 2011. SYLLABUS BY THE COURT1. JURISDICITON — Standing of Plaintiff to Warrant Invocation of Jurisdiction. Standing is […]

254 P.2d 268 LES H. RAFAELSEN, Appellee, v. G.A. OLSON, Appellant. No. 38,826Supreme Court of Kansas Opinion filed March 7, 1953. SYLLABUS BY THE COURT ACCOUNT — Action to Recover Price of Material and Labor. In an action to recover the price of material and labor in installing electricity in a home owned by appellant […]

623 P.2d 527 LAURA A. MARTIN, Appellee, v. JAMES R. MARTIN, Appellant. No. 51,056Court of Appeals of Kansas Opinion filed February 6, 1981 Petition for review denied April 13, 1981. SYLLABUS BY THE COURT 1. JUDGMENTS — Acquiescence — Appeal. As a general rule, a litigant who has acquiesced in the judgment of the trial […]

354 P.2d 89 STATE OF KANSAS, Appellee, v. CLOYD E. BROOKS, Appellant. No. 41,843Supreme Court of Kansas Opinion filed July 14, 1960. SYLLABUS BY THE COURT CRIMINAL LAW — Fourth Degree Manslaughter — Truck-Automobile Collision — Instructions. The record in a criminal action is examined, and it is held: The district court did not err […]

676 P.2d 1290 DANIEL K. STRATTON, Appellant, v. GARVEY INTERNATIONAL, INC., COMBUSTION ENGINEERING, INC., JOHN T. BORTON, Defendants, BORTON, INC., Appellee. No. 55,068Court of Appeals of Kansas Opinion filed February 2, 1984 SYLLABUS BY THE COURT 1. PRODUCTS LIABILITY — Cause of Action against Manufacturer or Seller for Failure to Warn of Dangerous Condition in […]

986 P.2d 373 LOYOLA F. BAIN, Appellee, v. CORMACK ENTERPRISES, INC., and CONTINENTAL WESTERN INSURANCE COMPANY, Appellants. No. 82,200Supreme Court of Kansas Opinion filed July 9, 1999 SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Agency Regulation Void That Exceeds Statutory Authority. Where an agency regulation exceeds the statutory authority of the agency and conflicts […]

822 P.2d 34 In the Matter of MICHAEL W. FARMER, Respondent. Nos. 63,274, 66,498, 67,229Supreme Court of Kansas October 29, 1991 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. On December 11, 1987, Michael W. Farmer was suspended from the practice of law for one year for conduct involving dishonesty, fraud, deceit, […]

186 P.3d 852 IN THE MATTER OF THE MARRIAGE OF SONYA RENE GRIPPIN, Appellant, and MICHAEL WILLIAM GRIPPIN, Appellee. No. 99,311.Court of Appeals of Kansas. Opinion filed: July 3, 2008. SYLLABUS BY THE COURT1. DIVORCE — Child Custody — Residential Placement — Appellate Review. A ruling on the residential placement of a child in postdivorce […]

269 P.2d 425 THE STATE OF KANSAS, ex rel. HAROLD R. FATZER, Attorney General of the State of Kansas, Plaintiff, v. THE BOARD OF REGENTS OF THE STATE OF KANSAS; WALTER S. FEES, Chairman, MRS. ELIZABETH HAUGHEY, A.W. HERSHBERGER, WILLIS N. KELLEY, LESTER McCOY, DREW McLAUGHLIN, GROVER POOLE, DR. L.B. SPAKE, OSCAR S. STAUFFER, Members, […]

122 P.3d 42 BURCH v. STATE. No. 93,093.Court of Appeals of Kansas. November 4, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

322 P.2d 798 U.S. McDONALD, Appellant, v. ALBERT CARLSON, also known as A.A. CARLSON, Appellee. No. 40,657Supreme Court of Kansas Opinion filed March 8, 1958. SYLLABUS BY THE COURT 1. SUBSTITUTION OF PARTIES — Substituting Names of Successor — Guardians — No Abatement of Action — Judgment Not Dormant. A probate court ordered an action […]

988 P.2d 735 STATE OF KANSAS, Appellant, v. JOSE RAMON MARTINEZ, Appellee. No. 82,217Supreme Court of Kansas Opinion Filed September 24, 1999. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality. A statute is presumed constitutional and all doubts must be resolved in favor of its validity. A statute must clearly violate the Constitution before it […]

378 P.2d 89 THE STATE OF KANSAS, Appellee, v. THOMAS WILLIAM CROWE, Appellant. Nos. 42,746 and 43,014 (consolidated)Supreme Court of Kansas Opinion filed January 26, 1963. SYLLABUS BY THE COURT 1. CRIMINAL LAW — No Right to Counsel at Preliminary Hearing — Constitutional Rights Not Violated. A preliminary hearing in a felony case is not […]

46 P.3d 177 STATE OF KANSAS, Appellee, v. RONALD GRAHAM, Appellant. No. 86,167Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Automobile Search — Admissibility of Evidence Seized in Search — Waiver of Defendant’s Right to Counsel. In a criminal case resulting in defendant’s bench trial conviction […]

945 P.2d 8 TERRY L. DURHAM, Appellant, v. CESSNA AIRCRAFT COMPANY, Self-insured, and KANSAS WORKERS COMPENSATION FUND, Appellees. No. 77,514Court of Appeals of Kansas Opinion filed September 12, 1997. SYLLABUS BY THE COURT WORKERS COMPENSATION — Repetitive Use Injury — Compensation — Date of Accident Is Last Day Worked. Under the rule announced in Berry […]

744 P.2d 840 GERALD W. LIGHTNER, in his capacity as special administrator of the ESTATE OF JESSIE M. LIGHTNER, deceased, Appellant, v. CENTENNIAL LIFE INSURANCE COMPANY, a corporation; LLOYD LIGHTNER and VIVIAN LIGHTNER, in their capacity as co-administrators for the ESTATE OF DALE R. LIGHTNER, deceased; and KANSAS DEPARTMENT OF REVENUE, Appellees. No. 59,414Supreme Court […]

894 P.2d 876 CITY OF WICHITA, Appellant, v. KEITH BASGALL and MARK GREEN, Appellees. No. 72,105Supreme Court of Kansas Opinion filed April 28, 1995. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Question Reserved by State — When Permitted by Appellate Court. An appeal on a question reserved is permitted to provide an answer […]

359 P.2d 842 MARY FRANCES CRAIG, Appellant, v. JAMES RICHARD CRAIG, Appellee. No. 42,057Supreme Court of Kansas Opinion filed March 4, 1961. SYLLABUS BY THE COURT DIVORCE — Support Money and Division of Property — Sufficiency of Petition to Support Alimony Judgment. In the petition in a divorce suit, the wife pleaded facts entitling her […]

208 P.3d 328 SHEILA SANTANA, Appellant, v. MARY OLGUIN, TOM F. BEARD INSPECTIONS, L.L.C., AND JOE DANLER, Appellees. No. 99,767.Court of Appeals of Kansas. Opinion filed May 29, 2009. SYLLABUS BY THE COURT1. CONTRACTS — Written Contract — Interpretation — Parties’ Intent. The primary rule for interpreting written contracts is to ascertain the parties’ intent. […]

861 P.2d 1355 BETH ANN WALN, Claimant/Appellee, v. CLARKSON CONSTRUCTION COMPANY, Respondent/Appellant, and ROYAL INSURANCE COMPANY, Insurance Carrier/Appellant. No. 68,441[1] Court of Appeals of Kansas Opinion filed June 25, 1993 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 13, 1993, pursuant […]

17 P.3d 939 In the Matter of DANIEL G. YOE, Respondent. Supreme Court of Kansas Bar Docket No. 15400 Opinion filed: February 14, 2001. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated February 9, 2001, to Carol Green, Clerk of the Appellate Courts, respondent, Daniel G. Yoe, of […]

602 P.2d 1332 STATE OF KANSAS, Appellee, v. RICHARD D. WILLIAMS, Appellant. No. 50,266Supreme Court of Kansas Opinion filed December 1, 1979. SYLLABUS BY THE COURT CRIMINAL LAW — “Fruit of the Poisonous Tree” Doctrine — Probable Cause in Search Warrant Affidavit — Sufficiency of Language in Information — Multiplicity of Charges Not Found — […]

389 P.2d 766 PHILLIPS PIPE LINE COMPANY, a Corporation, Appellee, v. KANSAS COLD STORAGE, INC., a Corporation, Appellant; James K. Steele Excavation Company, a Corporation, and James K. Steele, an Individual, Defendants. No. 43,328Supreme Court of Kansas Opinion filed March 7, 1964. SYLLABUS BY THE COURT NEGLIGENCE — Breaking of Pipe Line — Independent Contractor […]

249 P.3d 454 STATE OF KANSAS, Appellee, v. DANIEL RAY COOK, Appellant. No. 102,375.Court of Appeals of Kansas. Opinion filed March 4, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prior Crimes Evidence — Admissibility. Subject to K.S.A. 60-447, evidence that a person committed a crime or civil wrong on a specified occasion is inadmissible […]

325 P.2d 59 LaVERN LaRUE, widow and guardian of ELNA A. LaRUE, DONNA J. LaRUE, THELMA J. LaRUE and DELWIN L. LaRUE, minor dependents of Arthur LaRue, Deceased, Appellants, v. SIERRA PETROLEUM COMPANY and THE TRAVELERS INSURANCE COMPANY, Appellees. No. 40,983Supreme Court of Kansas Opinion filed May 10, 1958. SYLLABUS BY THE COURT 1. WORKMEN’S […]

861 P.2d 830 EDWARD A. McCONWELL, Appellant/Cross-Appellee, v. FMG OF KANSAS CITY, INC., and FMG OF OMAHA, INC., Appellees/Cross-Appellants, and DAVID H. McMULLEN, Appellee. No. 66,366Court of Appeals of Kansas Opinion filed October 22, 1993 Petition for review denied 254 Kan. ___ (February 2, 1994). SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Legal […]

149 P.3d 525 NEWMAN MEMORIAL HOSPITAL, d/b/a NEWMAN REGIONAL HEALTH CENTER, Plaintiff/Appellee, v. WALTON CONSTRUCTION COMPANY, INC., Defendant, EVERTON OGLESBY ASKEW ARCHITECTS, Defendant/Appellant, FAIRBURY GLASS CO., INC., d/b/a CONCORDIA MIRROR AND GLASS COMPANY, Defendant, BELLES ASSOCIATES, INC., Defendant, and AMCO INSURANCE COMPANY, Defendant. No. 94,473.Court of Appeals of Kansas. Opinion filed January 12, 2007. Petition […]

299 P.2d 1078 STATE OF KANSAS, ex rel. HAROLD R. FATZER, (JOHN ANDERSON, JR., substituted), as Attorney General of the State of Kansas, Plaintiff, v. A.E. ANDERSON, HOWARD BENTLEY, CLYDE LITTLER, DALE E. SAFFELS, DONALD S. HULTS, C.L. HUXMAN and R.C. WOODWARD, as Members of the Pretended Legislative Investigating Committee Created Pursuant to House Joint […]

113 P.3d 274 PATTERSON v. STATE. No. 92,348.Court of Appeals of Kansas. June 17, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

47 P.3d 430Court of Appeals of Kansas June 7, 2002 Title Docket Appeal Date of Decision Number From Decision State v. Craghead… 85864 Finney 06/07/2002 Affirmed State v. Weeks…… 86264 Lyon 06/07/2002 Convictions affirmed, upward departure sentences vacated and case remanded with directions

827 P.2d 733 STATE OF KANSAS, Appellee, v. SEDRICK SCOTT, Appellant. No. 65,869Supreme Court of Kansas Opinion filed February 28, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Multiplicitous Charges. Multiplicity exists if the State uses a single wrongful act as the basis for multiple charges. Charges are not multiplicitous if each charge requires […]

378 P.2d 167 STATE OF KANSAS, Appellee, v. DONALD D. JOHNSON, Appellant. No. 43,182Supreme Court of Kansas Opinion filed January 26, 1963. SYLLABUS BY THE COURT CRIMINAL LAW — Driving While Drunk — Blood Test — Admonition to Jury — Presumption. In the trial of a criminal case, where the defendant was charged with drunken […]

114 P.3d 190 STATE v. LYGHTLE. No. 90,799.Court of Appeals of Kansas. July 1, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

920 P.2d 420 JASON A. DAVEY, Appellant, v. JENNIFER S. HEDDEN, RICHARD C. HEDDEN, C.K.W., INC., and FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Appellees, and CATHERINE A. FARNSWORTH, Defendant. No. 73,543Supreme Court of Kansas Opinion filed on July 12, 1996 SYLLABUS BY THE COURT 1. MOTOR VEHICLES — Underage Driver — Personal In Jury Action by […]

755 P.2d 18 LORETTA LAGAL NEWMAN, by and through her duly appointed Guardian and Conservator, Stanley R. Ausemus; Stanley R. Ausemus, the duly appointed Administrator of the Estate of Albert Newman, deceased; and Roy U. Jordan, Guardian ad litem for Loretta Lagal Newman, an incapacitated person, Appellees, v. JIM GEORGE, Trustee of the Albert Newman […]

102 P.3d 486 In the Matter of the Marriage of SHIRLEY K. VANBUREN, k/n/a SHIRLEY NYBORG, Appellant, and TERRY LYNN VANBUREN, JR., Appellee. No. 90,787[1] Court of Appeals of Kansas Opinion filed: September 17, 2004. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule […]

806 P.2d 972 STATE OF KANSAS, Appellant, v. HOWARD D. JAMISON, Appellee. No. 64,439Supreme Court of Kansas Opinion filed March 1, 1991. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Time Period Commences Day of Arraignment — Delays of Defendant Not Counted. K.S.A. 22-3402 governs the period of time for a speedy […]

829 P.2d 576 JESSICA M. SIMON, a minor child by and through her mother and natural guardian, HATTIE FILLENWARTH, Plaintiff/Appellee, v. STEPHEN J. BAZZANO, D.O., Defendant/Appellee. KANSAS INSURANCE GUARANTY ASSOCIATION, Appellant. No. 66,590Supreme Court of Kansas Opinion filed April 10, 1992. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Process Involved in Enforcement of Judgments […]

865 P.2d 191 STATE OF KANSAS, Appellee, v. MONA I. REED, Appellant. No. 68,059Supreme Court of Kansas Opinion filed December 10, 1993. SYLLABUS BY THE COURT 1. STATUTES — Specific Statute Controls over General Statute — Legislative Intent. When there is a conflict between a statute dealing generally with a subject and another statute dealing […]

436 P.2d 377 THE STATE OF KANSAS, Appellant, v. COLIN D. GLAZE, Appellee. No. 44,899Supreme Court of Kansas Opinion filed January 27, 1968. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Questions Reserved — When Not Entertained. Questions reserved by the state in a criminal prosecution will not be entertained on appeal merely to demonstrate […]

819 P.2d 135 ANDREW GUEBARA, Appellee, v. GREEN-GLO TURF MAINTENANCE, INC., and FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Appellants. No. 66,153[1] Court of Appeals of Kansas Opinion filed August 16, 1991 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated November 5, 1991 pursuant […]

499 P.2d 1044 URBAN RENEWAL AGENCY OF THE CITY OF DODGE CITY, KANSAS, a Corporation, Appellee, v. LaVIEIEA GOLDSBERRY, Appellant. No. 46,464Supreme Court of Kansas Opinion filed July 19, 1972. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Right to Just Compensation. The right to receive just compensation for land taken for public use is […]

606 P.2d 1009 NANCY DUGAN, Appellant, v. FIRST NATIONAL BANK IN WICHITA, K B DEVELOPMENT CORPORATION, HARRY D. BLEDSOE, EMMET A. BLAES, WILLIAM S. SHIRK, CLAIRE E. SHIRK, and DOLORES J. ENGELS, Appellees. No. 49,827Supreme Court of Kansas Opinion filed February 7, 1980. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application. Summary judgment is […]

516 P.2d 939 WESTERN CASUALTY SURETY COMPANY, Appellant, v. JACK L. BUDIG, ERNEST HAMMERSCHMIDT and ROGER HAMMERSCHMIDT, Appellees. No. 47,091Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT 1. INSURANCE — Ambiguity — Policy Construed in Favor of Insured. In the event of ambiguity or conflict in the policy provisions a […]

829 P.2d 600 STATE OF KANSAS, ex rel. GLENN R. BRAUN, ELLIS COUNTY ATTORNEY, OF THE STATE OF KANSAS, Appellee, v. A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION FOUR, TOWNSHIP ELEVEN SOUTH, RANGE NINETEEN WEST OF THE 6TH P.M., ELLIS COUNTY, KANSAS, COMMONLY KNOWN AS 918 NORTH COUNTY LINE ROAD, ELLIS COUNTY, […]

410 P.2d 419 BUD USHER, GEORGE BRINKMAN, JOHN RESNAR and FRED KASER, et al., Appellants, v. THE CITY OF PITTSBURG, a Municipal Corporation, Appellee. No. 44,249Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Water Rates Outside City Boundaries. A city operating a municipal water plant and […]

123 P.3d 212 STATE v. O’NEILL. No. 93,346.Court of Appeals of Kansas. December 2, 2005. Appeal from Reno. Decision without published opinion. Affirmed.

118 P.3d 177 SANDERS v. STATE. No. 92,593.Court of Appeals of Kansas. August 26, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

443 P.2d 260 CLARENCE WOLFE, JR., Appellant, v. STATE OF KANSAS, Appellee. No. 45,230Supreme Court of Kansas Opinion filed July 13, 1968. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Service of Information in Capital Offenses — No Application to Preliminary Hearing. K.S.A. 62-1302, providing for service upon defendant of copy of an information charging […]

991 P.2d 896 In the Matter of DAVID W. CARSON, Respondent. No. 82,472Supreme Court of Kansas Opinion Filed November 5, 1999. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure Original proceeding in discipline. Opinion filed November 5, 1999. Published censure. Edwin A. Van Petten, deputy disciplinary administrator, argued the cause, […]

244 P.2d 873 ROBERT T. ZERNICKOW, Appellee, v. BERNICE L. ZERNICKOW, Appellant. ROBERT T. ZERNICKOW, Appellant, v. BERNICE L. ZERNICKOW, Appellee. Nos. 38,535, 38,536Supreme Court of Kansas Opinion filed June 7, 1952. SYLLABUS BY THE COURT DIVORCE — Grounds — Postnuptial Agreement — Rulings. In a divorce case the record has been examined and no […]

804 P.2d 1374 SHELTER MUTUAL INSURANCE COMPANY, Plaintiff/Appellee, v. DANIEL B. WILLIAMS, by and through his father and next friend, ROBERT R. WILLIAMS, et al., Defendants, and JAMES ALAN KEARBEY, Defendant/Appellant. No. 62,879Supreme Court of Kansas Opinion filed January 18, 1991. SYLLABUS BY THE COURT 1. INSURANCE — Exclusionary Clause for Intentional Acts of Mentally […]

823 P.2d 831 STATE OF KANSAS, ex rel. ROBERT T. STEPHAN, ATTORNEY GENERAL, Appellee, v. COMMEMORATIVE SERVICES CORPORATION, NORMAN ANDERSON, an Individual, et al., Appellants. No. 66,525Court of Appeals of Kansas Opinion filed December 31, 1991 Petition for review denied 250 Kan. 806 (1992). SYLLABUS BY THE COURT 1. CEMETERIES — “Burial Merchandise” — Prior […]

916 P.2d 718 ROBERT L. WIGGINS and MICHAEL WHITE, Appellants, v. HOUSING AUTHORITY OF KANSAS CITY, KANSAS, Appellee. No. 73,508Court of Appeals of Kansas Opinion filed May 17, 1996 SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Housing Authority — Powers of Agency Limited to That Granted by Enabling Legislation. A housing authority, which […]

982 P.2d 985 In the Matter of the Adoption of A.P., a minor. No. 81,719Court of Appeals of Kansas Opinion Filed June 11, 1999. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Termination of Parental Rights — Determination Whether Parent Unfit. When attempting to determine whether a parent is unfit pursuant to K.S.A. 59-2136(h)(2), […]

520 P.2d 1308 In the Matter of the Estate of Emma M. Wurtz, Deceased. GERALDINE MEYER and VERNUS LANGE, Appellants, v. RALPH J. WURTZ and HERMAN J. WURTZ, Individually and as Executors of the Estate of Emma M. Wurtz, Appellees. No. 47,222Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. […]

204 P.3d 648 BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, Appellee, v. CITY OF PARK CITY, KANSAS, Appellant. No. 100,157.Court of Appeals of Kansas. Opinion filed April 3, 2009. SYLLABUS BY THE COURT1. JURISDICTION — Appellate Courts. Kansas appellate courts may exercise jurisdiction only under the circumstances allowed by statute. As a result, appellate […]

771 P.2d 77 In the Matter of the Protest of EMIL LISTON FOUNDATION for Taxes Paid for the Years 1976 through 1984 in DOUGLAS COUNTY, KANSAS. No. 62,472Court of Appeals of Kansas Opinion filed March 24, 1989 SYLLABUS BY THE COURT 1. TAXATION — Real Property Taxes — Mailing of Tax Statements by County Treasurer […]

173 P.3d 1159 THOMAS O. GUSS, PH.D., Appellee, v. FORT HAYS STATE UNIVERSITY, A UNIVERSITY ORGANIZED UNDER THE LAWS OF THE STATE OF KANSAS, Appellant. No. 97,461.Court of Appeals of Kansas. Opinion filed January 11, 2008. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Judicial Review of Agency Decision — Exhaustion of Administrative Remethes Required. The […]

363 P.2d 432 ETHEL E. FLEMING, Appellee and Cross-Appellant, v. NATIONAL CASH REGISTER COMPANY, a corporation, and THE TRAVELERS INSURANCE COMPANY, a corporation, Appellants. Nos. 42,391, 42,487, 42,511, ConsolidatedSupreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Procedure — Proceedings Before Commissioner — Jurisdiction of District Court […]

612 P.2d 180 STATE OF KANSAS, Plaintiff-Appellant, v. JACK LEROY FISH, Defendant-Appellee. No. 51,549Supreme Court of Kansas Opinion filed June 14, 1980. SYLLABUS BY THE COURT AUTOMOBILES — Driving While Intoxicated — Proof Required. In order for a person to be convicted of operating a motor vehicle while under the influence of intoxicating liquor as […]

846 P.2d 261 FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF KANSAS CITY, Appellant, v. MIRIAM I. HYSTEN, Appellee. No. 68,267Court of Appeals of Kansas Opinion filed February 5, 1993 SYLLABUS BY THE COURT BANKRUPTCY — Chapter 13 Bankruptcy Plan — Confirmation of Plan by Court — Res Judicata Effect of Confirmation. Upon becoming final, an […]

243 P.2d 1027 J.R. SMITH, Appellee, v. THE FEDERAL LAND BANK OF WICHITA, a Corporation of Wichita, Kansas, Appellant. No. 38,643Supreme Court of Kansas Opinion filed May 10, 1952. SYLLABUS BY THE COURT ESTATES — Fee Tail — Construction of Limitation. In a conveyance of real estate after the descriptive words the deed contained the […]

908 P.2d 641 MACHELLE LYNN JACKSON, BY AND THROUGH HER NEXT FRIEND AND NATURAL GUARDIAN, DIANNE R. WARREN, Appellee, v. SHANE C. BROWNING, Appellant, and BRAD O. HELBERG, Defendant. No. 73,123Court of Appeals of Kansas Opinion filed December 22, 1995 SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Interpretation of a statute […]

83 P.3d 143 STATE OF KANSAS, Appellee, v. LISA J. GRAHAM, Appellant. No. 86,899.Supreme Court of Kansas. Opinion filed January 30, 2004. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutorial Misconduct — Appellate Review — Two-step Analysis. A two-step analysis is applied to allegations of prosecutorial misconduct. First, the court decides whether the prosecutor’s comments […]

283 P.2d 392 In the Matter of the Condemnation of Land for State Highway Purposes, EMMA GEBHART SIMMONS and McNAGHTEN LOAN COMPANY, INC., Appellees, v. STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant. No. 39,619Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT EMINENT DOMAIN — Proceeding in Condemnation — […]