Category: Kansas Court Opinions

187 P.3d 111 ALLIANCE STEEL, INC., Appellant, v. TROY PILAND; TERRENCE PILAND; DOUGLAS GROOMS, d/b/a ASSOCIATED CONSTRUCTION SERVICE, and/or ASSOCIATED CONSTRUCTION SERVICE; and ROBERT D. DUNLAP, d/b/a DUNLAP CONSTRUCTION, Appellees. No. 98,762.Court of Appeals of Kansas. Opinion filed: June 27, 2008. SYLLABUS BY THE COURT1. MECHANICS’ LIENS — Purpose of Mechanic’s Lien Statute. The purpose […]

89 P.3d 606 STATE OF KANSAS, Appellee, v. GERMAINE R. VAN HOET, Appellant. No. 90,132.Supreme Court of Kansas. Opinion filed May 14, 2004. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. The interpretation of a statute is a question of law, and the appellate court’s review is unlimited. 2. SAME — Construction — […]

133 P.3d 838 JASON GUDENKAUF, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 94,635.Court of Appeals of Kansas. Opinion filed May 12, 2006. SYLLABUS BY THE COURT1. MOTOR VEHICLES — Driver’s License Suspension — Defendant’s Refusal to Be Served with Notice of Driver’s License Suspension — Sufficiency of Service of Process. When the person to […]

747 P.2d 145 In The Matter of the ADOPTION OF F.A.R. and D.M.R., Minor Children. No. 60,105Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. ADOPTION — Consent by Parent — Determination of Whether Parent Has Failed or Refused to Assume Parental Duties. In an adoption proceeding, the question of […]

390 P.2d 772 J.P. HARRIS, et al., Appellees, v. PAUL R. SHANAHAN, as Secretary of State, et al., Appellants. No. 43,289Supreme Court of Kansas Opinion filed March 30, 1964. SYLLABUS BY THE COURT 1. STATUTES — Bills Apportioning the Senate and House — Constitutionality. Senate Bill No. 2 and House Bill No. 2 of the […]

601 P.2d 1105 In the Matter of the Estates of KENNETH E. THOMPSON AND GERTRUDE THOMPSON, and GLENN B. THOMPSON, et al., Appellants, v. JAMES I. LANE, Appellee. No. 49,860Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Stipulated Facts and Documents — Review by Appellate Court. […]

362 P.2d 58 COMMUNITY HIGH SCHOOL DISTRICT OF LABETTE COUNTY, KANSAS, Appellant, v. THE BOARD OF EDUCATION OF THE CITY OF PARSONS OF THE STATE OF KANSAS, DISTRICT No. 33, Appellee. No. 42,292Supreme Court of Kansas Opinion filed May 13, 1961. SYLLABUS BY THE COURT SCHOOLS AND SCHOOL DISTRICTS — Adjustment of Rights — Mandamus […]

597 P.2d 641 IVA J. HENSLEY, Widow of Elmer Wallace Hensley, Deceased, Appellee, v. CARL GRAHAM GLASS, a division of SHERWIN-WILLIAMS, and LIBERTY MUTUAL INSURANCE COMPANY, Appellants. No. 50,001Supreme Court of Kansas Opinion filed July 14, 1979. SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Death Benefits — Death “Arising Out of Employment.” In an appeal […]

615 P.2d 165 STATE OF KANSAS, Appellee, v. RANDALL LANE MALBROUGH, Appellant. No. 51,669Court of Appeals of Kansas Opinion filed August 15, 1980 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Probation — Revocation — Preliminary Hearing Not Required. A preliminary hearing in a probation revocation matter is not required when a probationer is not […]

879 P.2d 613 STATE OF KANSAS, Appellee, v. JONATHAN W. BAFFORD, Appellant. No. 69,961Supreme Court of Kansas Opinion filed August 17, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Allocution. Before sentence is imposed, K.S.A. 1992 Supp. 22-3424(4) unambiguously requires a court to address a defendant personally and ask if the defendant […]

575 P.2d 566 EARL H. GANNAWAY, Appellee, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, A CORPORATION, Appellant. No. 49,200Court of Appeals of Kansas Opinion filed February 17, 1978 SYLLABUS BY THE COURT 1. DAMAGES — Future Damages Reduced to Present Worth — Investment of Amount Awarded. A defendant in any action is entitled to have amounts allowed for […]

978 P.2d 910 In the Matter of MITCHELL B. CHRISTIANS, Respondent. No. 82,404Supreme Court of Kansas Opinion Filed April 16, 1999. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Supervised Probation. Original proceeding in discipline. Opinion filed April 16, 1999. Eighteen months’ supervised probation. Stanton A. Hazlett, disciplinary administrator, argued the cause […]

202 P.3d 712 SUE A. WALKER, INDIVIDUALLY AND AS NATURAL MOTHER AND HEIR-AT-LAW OF SHEENA L. WALKER, DECEASED; AND THE ESTATE OF SHEENA L. WALKER, DECEASED, BY AND THROUGH SUE A. WALKER AS SPECIAL ADMINISTRATOR OF THE ESTATE, Appellants, v. RANDALL S. REGEHR, M.D.; REGAN TABOR, M.D.; AND VIA CHRISTI REGIONAL MEDICAL CENTER, INC., ST. […]

875 P.2d 983 FLOYD S. ELLIFF, Appellee, v. DERR CONSTRUCTION COMPANY and NATIONAL UNION FIRE INSURANCE COMPANY, Appellants. No. 69,331[1] Court of Appeals of Kansas Opinion filed December 3, 1993 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated April 26, 1994, pursuant […]

868 P.2d 1240 UNIFIED SCHOOL DISTRICT No. 434, OSAGE COUNTY, KANSAS, Appellant, v. ROBERT HUBBARD, Appellee. No. 69,656Court of Appeals of Kansas Opinion filed February 18, 1994 Petition for review denied 255 Kan. 1007 (1994). SYLLABUS BY THE COURT 1. SCHOOLS — Nonrenewal of Teacher’s Contract — Due Process Hearing — Role of Hearing Committee. […]

975 P.2d 239 STATE OF KANSAS, Appellee, v. GARY J. BELL, Sr., Appellant. No. 79,986Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Lesser Included Offenses — Duty of Trial Court. A trial court’s duty to instruct on a lesser included offense supported by […]

594 P.2d 671 VENTURES IN PROPERTY I, a Partnership, Appellant, v. THE CITY OF WICHITA AND THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF KANSAS, Appellees. No. 49,643Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Annexation and Platting of Land — Appellate Review. The review […]

936 P.2d 245 STANLEY D. ROARK and/or NOEL LOGAN, Appellants, v. BILL GRAVES, GOVERNOR OF KANSAS, et al., Appellees. No. 76,511Supreme Court of Kansas Opinion filed April 18, 1997 SYLLABUS BY THE COURT PENAL INSTITUTIONS — Prison Regulations — Monthly Fee for Administration of Correctional Inmates’ Trust Account Not Violative of Ex Post Facto Clause. […]

204 P.3d 562 JOSHUA HAMLIN KINGSLEY, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 98,301.Supreme Court of Kansas. Opinion filed March 27, 2009. SYLLABUS BY THE COURT1. JURISDICTION — Subject Matter jurisdiction — Appellate Review. Subject matter jurisdiction is vested by statute and establishes the court’s authority to hear and decide a particular type of […]

660 P.2d 957 STATE OF KANSAS, Appellant, v. WAYNE WARD, Appellee. No. 54,887Supreme Court of Kansas Opinion filed March 26, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Circumstantial Evidence — Sufficiency for Conviction. Conviction of even the gravest offense may be sustained by circumstantial evidence. 2. MOTOR VEHICLES — Driving While Intoxicated — […]

356 P.2d 848 THE STATE OF KANSAS, Appellee, v. DOROTHY PAULINE CAMPBELL BEDNARK, Appellant. No. 41,829Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT APPEAL AND ERROR — Failure to Comply with Rule No. 5 — Record Precludes Appellate Review. Appellant’s failure to comply with this court’s rule No. 5 (183 […]

922 P.2d 1109 STATE OF KANSAS, Appellee, v. HAROLD TORRANCE, Appellant. No. 72,747Court of Appeals of Kansas Opinion filed August 9, 1996. SYLLABUS BY THE COURT 1. EVIDENCE — Hearsay — Exceptions to Nonadmissible Hearsay if Declarant Available for Cross-examination or If Statement Made While Declarant Perceived an Event or While under Stress Caused by […]

132 P.3d 1277 STATE OF KANSAS, Appellee, v. DOREEN ELIZABETH SANBORN, Appellant. No. 92,272.Supreme Court of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURTCRIMINAL LAW — Possession of Multiple Items of Drug Paraphernalia — Unanimity Jury Instruction Not Required. Possession of multiple items of drug paraphernalia does not constitute multiple acts requiring a […]

7 P.3d 224 STATE OF KANSAS, Appellee, v. DEREK L. BEDFORD, Appellant. No. 81,642Supreme Court of Kansas Opinion filed June 2, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — State’s reliance on Direct Evidence to Connect Defendant to Crime — Circumstantial Evidence Irrelevant That a Third Party Committed the Crime. When the State relies […]

930 P.2d 1366 IN THE MATTER OF THE APPEAL OF THE BOEING COMPANY FROM ORDERS OF THE KANSAS STATE BOARD OF TAX APPEALS REGARDING THE PROTESTS OF TAXES PAID FOR 1991, 1992 AND 1993 IN SEDGWICK COUNTY, KANSAS. No. 75,702Supreme Court of Kansas Opinion filed January 24, 1997. SYLLABUS BY THE COURT 1. STATUTES — […]

505 P.2d 700 ALPHONSO J. ERTL, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF RILEY, A Body corporate and politic; and the PLANNING AND ZONING BOARD OF RILEY COUNTY, KANSAS: G. REX STONE, SHIRLEY L. STONE, JAMES S. HUNTER, JR., and MARGARET S. HUNTER, Interveners, Appellees. No. 46,778Supreme Court of Kansas Opinion filed […]

105 P.3d 273 PATRICK N. BARKER, Appellee/Cross-appellant, v. GENE KRUCKENBERG, NEIL SCOTT, and KEITH NISWONGER, Appellants/Cross-appellees. Nos. 91,648, 91,661.Court of Appeals of Kansas. Opinion filed February 4, 2005. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Controlling Facts of Case Based Entirely on Written Documents — Appellate Review. Where the controlling facts of a case […]

378 P.2d 1021 C.H. WATTERS, et al., Appellants, v. THE JOINT RURAL HIGH SCHOOL DISTRICT No. 5, SALINE ELLSWORTH COUNTIES, KANSAS, A Body Corporate Politic, THE STOCKYARDS NATIONAL BANK OF WICHITA, a Banking Corporation, GEORGE TEWKSBERRY, and FRANK BUSBOOM and JOE R. RAUH, Doing Business as BUSBOOM AND RAUH, Appellees. No. 42,598Supreme Court of Kansas […]

53 P.3d 1242 DAVID SHIELDS, Claimant/Appellant, v. K.A.T. TRANSPORTATION, Respondent/Appellee, and ACE-USA, Insurance Carrier/Appellee. No. 87,746Court of Appeals of Kansas Opinion filed: September 20, 2002. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Injury Outside Kansas — Application of Workers Compensation Act When Employment Contract Made in Kansas. K.S.A. 44-506 provides that the Workers Compensation […]

308 P.2d 88 JAMES E. HARRIS, Appellant, v. CITY OF TOPEKA, KANSAS, Appellee. No. 40,384Supreme Court of Kansas Opinion filed March 9, 1957. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Motion to Strike — Judicial Discretion — When Appealable. Rulings on motions to strike, regardless whether such motions have been sustained or overruled, […]

205 P.3d 745 JUDITH BERRY, Appellant, v. NATIONAL MEDICAL SERVICES, INC., d/b/a NMS LABS, and COMPASS VISION, INC., Appellees. No. 99,953.Court of Appeals of Kansas. Opinion filed April 3, 2009. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Pleadings — Claim for Relief — Information Required in Petition. Kansas is a notice-pleading state. As a general […]

84 P.3d 1045 In the Matter of ROBERT H. ROYER, JR., Respondent. No. 90,703.Supreme Court of Kansas. February 2, 2004. ORDER OF REINSTATEMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Reinstatement of License. On October 31, 2003, this court suspended the respondent, Robert H. Royer, Jr., for a period of 3 months. See In re Royer, […]

120 P.3d 808 STATE v. FLOYD. No. 92,416.Court of Appeals of Kansas. October 7, 2005. Decision without published opinion. Affirmed in part and reversed in part.

449 P.2d 575 STATE OF KANSAS, Appellee, v. IVON ERNEST YATES, Appellant. No. 45,192Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — “Unreasonable Search” — Exploratory Investigation. An “unreasonable search,” as that term is used in the Fourth Amendment to the Constitution of the United States […]

457 P.2d 146 LOY FANKHAUSER and ROBERT NEUMAYER, Appellants, v. THE CITY OF EL DORADO, KANSAS, a Body Politic, Appellee. No. 45,381Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Claim and Time for Filing — Condition Precedent. Compliance with K.S.A. 12-105 is a condition precedent to […]

735 P.2d 256 BANK OF KANSAS, Plaintiff-Appellant, v. HUTCHINSON HEALTH SERVICES, INC., a Kansas Corporation, and THE STATE OF KANSAS, DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Defendants, and THE CENTRAL STATE BANK, TRUSTEE, Intervenor-Appellee, and THE STATE DEPARTMENT OF HUMAN RESOURCES OF KANSAS, Intervenor. No. 59,469Court of Appeals of Kansas Opinion filed April 9, 1987 […]

8 P.3d 14 STATE OF KANSAS, Appellee, v. RODNEY TERRANCE PRESHA, Appellant. No. 81,571Court of Appeals of Kansas Opinion filed June 16, 2000. Petition for review denied 269 Kan. 939 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Criminal History — Burden of Proof on Prosecution. Under the Kansas Sentencing Guidelines Act, […]

117 P.3d 150 STATE v. BABCOCK. No. 92,429.Court of Appeals of Kansas. August 12, 2005. Appeal from Wilson. Decision without published opinion. Reversed and remanded with directions.

593 P.2d 406 CHEE-CRAW TEACHERS ASSOCIATION, Appellee, v. UNIFIED SCHOOL DISTRICT NO. 247, CRAWFORD COUNTY, KANSAS, Appellant. No. 49,993Supreme Court of Kansas Opinion filed March 31, 1979. SYLLABUS BY THE COURT SCHOOLS — Teachers’ Contracts — Scope of Professional Negotiations — Mandatorily Negotiable Items, and Rules for Determining, Discussed. In an action between a professional […]

556 P.2d 424 STATE OF KANSAS, Appellant, v. GARY A. WILKINS, Appellee. No. 48,250Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Cross-examination. The right of effective cross-examination is a part of the constitutional right of confrontation of witnesses. 2. CRIMINAL LAW — Rights to Prior Statements […]

756 P.2d 1104 DEBRA WILLIAMS, Claimant-Appellee, v. EXCEL CORPORATION, Respondent-Appellant, and THE WORKERS’ COMPENSATION FUND, Appellee/Cross-appellant. No. 60,629[1] Court of Appeals of Kansas Opinion filed January 7, 1988 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated May 13, 1988, pursuant to Rule […]

575 P.2d 894 IN THE MATTER OF THE ADOPTION OF BABY GIRL LATHROP, a minor. JOHN G. HERNANDEZ and SUSAN HERNANDEZ, Appellants and Cross-Appellees, v. LEON SCOTT, JR., Appellee and Cross-Appellant. No. 49,230Court of Appeals of Kansas Opinion filed February 24, 1978 SYLLABUS BY THE COURT 1. PARENT AND CHILD — Rights of Parents. The […]

644 P.2d 473 STATE OF KANSAS, Appellee, v. ALVIN L. GOWLER, Appellant. No. 52,871Court of Appeals of Kansas Opinion filed May 6, 1982 Petition for review denied July 21, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Comments by Codefendant’s Counsel on Defendant’s Failure to Testify — Appellate Review. On appellate review, in determining […]

998 P.2d 128 STATE OF KANSAS, Appellee, v. HUGH G. HARTMAN, Appellant. Nos. 81,635, 81,636Court of Appeals of Kansas Opinion filed: February 25, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defendant’s Appearance before Magistrate — Charges Brought against Defendant in One County When Defendant Incarcerated in Another County — Delay in Arraignment — […]

457 P.2d 151 JERRY M. HELBERG, Appellee, v. HOXIE UNIFIED SCHOOL DISTRICT No. 412, SHERIDAN COUNTY, KANSAS, Appellant. No. 45,394Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT SCHOOL DISTRICTS — Requiring District to Furnish Transportation — Kindergarten Pupils — Payment. K.S.A. 72-621, applicable to the school year 1966-1967, requiring the […]

368 P.2d 18 VERL NEWBURN, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Appellee. No. 42,605Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT HABEAS CORPUS — Representation by Counsel. The record in a habeas corpus proceedings is examined, and it is found that appellant’s claim of inadequacy of representation […]

154 P.3d 1154 STATE OF KANSAS, Appellee, v. KEVIN DEAN MALM, Appellant. No. 95,403.Court of Appeals of Kansas. Opinion filed April 6, 2007. Petition for review denied 284 Kan. 949 (2007). SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. In reviewing a district court’s decision regarding suppression, an appellate court […]

783 P.2d 890 STATE OF KANSAS, Appellee, v. PAUL LESTER HEYWOOD, Appellant. No. 61,217Supreme Court of Kansas Opinion filed December 8, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Sentencing Judge’s Discretion — Appellate Review. It is the sentencing judge alone who determines the appropriate sentence or other disposition in each case, […]

737 P.2d 52 BENEFICIAL FINANCE COMPANY OF KANSAS, INC., a/k/a Beneficial Kansas, Inc., Plaintiff/Appellee, v. LOUISE SCHROEDER, et al., Defendants, and THE FARMERS AND MERCHANTS BANK, Hill City, Kansas, Defendant/Appellee, and HUTCHINSON NATIONAL BANK, Defendant/Appellant. No. 59,449Court of Appeals of Kansas Opinion filed May 14, 1987 Petition for review denied 241 Kan. 838 (1987). SYLLABUS […]

99 P.3d 1125 CITY OF TOPEKA, Appellee, v. MOLLIE GRABAUSKAS, Appellant. No. 91,619.Court of Appeals of Kansas. Opinion filed October 29, 2004. SYLLABUS BY THE COURT1. POLICE AND SHERIFFS — Police-Citizen Encounter — Constitutionality of Encounter — Appellate Review. An appellate court gives great deference to the trial court’s findings of fact, but the ultimate […]

269 P.2d 462 LOWELL NATHANIEL MOODY, Appellee, v. CHARLES A. EDMONDSON, Warden, Kansas State Penitentiary, Appellant. No. 39,314Supreme Court of Kansas Opinion filed April 10, 1954. SYLLABUS BY THE COURT 1. STATUTES — Conflicts Between Statutes — Construction. Where there is conflict between a statute dealing generally with a subject and another statute dealing specifically […]

852 P.2d 517 TURNER AND BOISSEAU, CHARTERED, Appellant, v. ROBERT D. LOWRANCE, individually, and ROBERT D. LOWRANCE d/b/a LOWRANCE INVESTMENT COMPANIES, LOWRANCE INVESTMENT COMPANY, INC., and LOBO ORDER BUYERS, INC., Appellees. No. 68,524Court of Appeals of Kansas Opinion filed May 14, 1993 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Tolling of Statute of Limitations. […]

293 P.2d 265 CHARLES C. MAY, Petitioner, v. ARTHUR HOFFMAN, Warden, Kansas State Penitentiary, Respondent. No. 40,063Supreme Court of Kansas Opinion filed January 28, 1956. SYLLABUS BY THE COURT HABEAS CORPUS — Credit for Good Behavior — Writ Denied. The record examined in an original proceedings in habeas corpus and it is held, the petitioner […]

122 P.3d 838 MOWERY CLINIC, L.L.C. v. HOFER. No. 94,103.Court of Appeals of Kansas. November 18, 2005. Appeal from Saline. Decision without published opinion. Affirmed.

518 P.2d 372 MISSOURI PACIFIC RAILROAD COMPANY, a corporation, Appellee, v. THE CITY OF TOPEKA, a municipal corporation, and URBAN RENEWAL AGENCY OF THE CITY OF TOPEKA, Appellants. No. 47,065Supreme Court of Kansas Opinion filed January 26, 1973. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Public Utility Required to Relocate Facilities — Utility’s Expense. […]

757 P.2d 324 In the Matter of HARRY D. SMITH, Respondent. No. 62,095Supreme Court of Kansas Opinion filed July 8, 1988. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed July 8, 1988. Disbarment. Bruce E. Miller, disciplinary administrator, appeared for petitioner. There was no appearance […]

580 P.2d 1334 STATE OF KANSAS, Appellee, v. EDWARD J. McCLAIN, Appellant. No. 49,415Supreme Court of Kansas Opinion filed July 15, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Mistrial — Computation of Time Chargeable to State for Purposes of Speedy Trial. In the event a mistrial is declared the computation of time chargeable […]

370 P.2d 68 JACOBSON-LYONS STONE COMPANY, INC., a Corporation, Appellee, v. SILVERDALE CUT STONE COMPANY, a Division of Forburger Company, Inc., a Corporation, Appellant. No. 42,608Supreme Court of Kansas Opinion filed April 7, 1962. SYLLABUS BY THE COURT 1. RECEIVERS — Foreign Corporation — Notice — Validity of Appointment. In an action by a creditor […]

464 P.2d 161 STATE OF KANSAS, Appellee, v. KIRT BROWN, Appellant. No. 45,501Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Effective Assistance of Counsel. In a direct criminal appeal wherein the record discloses the defendant was represented by court-appointed counsel throughout the entire proceedings, a sanity […]

466 P.2d 351 STATE OF KANSAS, Appellee, v. MICHAEL E. KELLY, Appellant. No. 45,562Supreme Court of Kansas Opinion filed March 7, 1970. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Issues Must Be Presented to District Court — Review. The supreme court will not for the first time consider issues on appeal which have […]

297 P.2d 195 EARL L. AMES and VELMA J. AMES, Appellees, v. WILLIAM BROOKS and BETTY BROOKS, and IZORA W. SHIMER, Appellants. No. 40,071Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY THE COURT 1. EJECTMENT — Basis of Recovery — Plaintiff’s Own Title. In an action in ejectment the plaintiff must rely […]

691 P.2d 33 STATE OF KANSAS, Appellee, v. LEBURN HOWARD TIMMERMAN, Appellant. No. 56,702Supreme Court of Kansas Opinion filed November 30, 1984. SYLLABUS BY THE COURT CRIMINAL LAW — Modification of Sentence — Time Limitation in Which to File Motion to Modify Sentence. Under K.S.A. 21-4603(3), a defendant in a criminal action has 120 days […]

878 P.2d 865 In the Interest of C.C. No. 70,470Court of Appeals of Kansas Opinion filed August 5, 1994 Petition for review denied 255 Kan. 1002 (1994). SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent — Duty of Court. It is the court’s duty to reconcile different statutory provisions to make them […]

279 P.2d 302 E.M. TYLER, E.C. JOHNSON, J.C. LeBOW, G.R. KRAMER, M.E. McCARTHY, W.J. TURNER, H.J. TAYLOR, G.A. BERGSTEDT, A.L. HALE, W.D. HOOKER, C.T. JONES, A.T. KRAMER, J.V. ZIMMERMAN, GERALD F. THOMPSON, JOHN R. KIRK, J.R. SPENCER, R.K. VOSS, MARY F. HULSE, LAWRENCE THOMPSON, MURRELL GRAHAM, ALMA HAMILTON, MILDRED MILLER, VERN SCARROW, GLENN S. WILEY, […]

584 P.2d 1255 In re The Complaint made against PHILLIP LEON by the State Board of Law Examiners. No. 50,230 (Bar Docket No. 5468)Supreme Court of Kansas September 22, 1978 ORDER OF PUBLIC CENSURE ATTORNEYS — Disciplinary Proceeding — Public Censure. WHEREAS, In a proceeding conducted by the State Board of Law Examiners to inquire […]

626 P.2d 1211 In the Matter of the Estate of Georgina B. Zahradnik, Deceased. JUNIOR ZAHRADNIK, Appellant, v. GORDON L. ZAHRADNIK, Appellee. No. 51,709Court of Appeals of Kansas Opinion filed April 24, 1981 SYLLABUS BY THE COURT 1. PROBATE CODE — Appeal Bond — Effect of Late Filing of Bond. Although the filing of an […]

947 P.2d 31 LOUIS JACKSON, JR., Appellee, v. CITY OF KANSAS CITY, KANSAS, Appellant. No. 77,184Supreme Court of Kansas Opinion filed October 31, 1997. SYLLABUS BY THE COURT 1. TRIAL — Motion in Limine — Denial of Motion — Preservation of Issue on Appeal. If a motion in limine is denied, the moving party must […]

427 P.2d 591 OLIVE BINGHAM, Appellee, v. HILLCREST BOWL, INC., a Corporation, Appellant. No. 44,727Supreme Court of Kansas Opinion filed May 13, 1967. SYLLABUS BY THE COURT 1. NEGLIGENCE — Business Invitee — Dangerous Condition Not Created by Proprietor — Actual or Constructive Notice. Where injury to a business invitee results from a dangerous condition […]

96 P.3d 667 DENNIS and LYNN DODSON, Appellees, v. U-NEEDA SELF STORAGE, LLC, Appellant. No. 90,527.Court of Appeals of Kansas Opinion filed August 27, 2004. SYLLABUS BY THE COURT1. CONSUMER PROTECTION ACT — Deceptive Act or Practice — Determination. The issue of whether a deceptive act or practice, within the meaning of the Kansas Consumer […]

252 P.3d 128 HARRIET F. EGGESON, Appellee, v. GERTRUDE DELUCA, Appellant. No. 103,728.Court of Appeals of Kansas. Opinion filed February 25, 2011. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application — Appellate Review. This court’s standard of review in summary judgment cases is well established. When the pleadings, depositions, answers to interrogatories, and […]

309 P.2d 409 JAMES DRYDEN, Appellee, v. O.H. ROGERS, Appellant. No. 40,475Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT APPEAL AND ERROR — Action to Cancel Lease — Fraud — Judgment Supported by Evidence. In an action to cancel and rescind a written lease for a Zesto soft ice cream […]

232 P.2d 233 BETTY LOU KRAUS, Appellee, v. JOSEPH PETER KRAUS, Appellant. No. 38,263Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT HUSBAND AND WIFE — Divorce — Separate Maintenance — Separate Actions — Jurisdiction in Contempt Proceedings. On the same day that a wife brought an action for separate maintenance […]

127 P.3d 972 STATE OF KANSAS, Appellee, v. CHRISTOPHER M. TROTTER, Appellant. No. 91,251.Supreme Court of Kansas. Opinion filed February 3, 2006. SYLLABUS BY THE COURTCRIMINAL LAW — Eyewitness Identification — Jury Instruction — Admission of Evidence — Batson Challenges during Voir Dire — Sufficiency of Evidence. The rules for eyewitness identification instructions, the admission […]

259 P.3d 719 STATE OF KANSAS, Appellee, v. ROBERT JOHNSON, Appellant. No. 98,812Supreme Court of Kansas Opinion filed: September 2, 2011. SYLLABUS BY THE COURT1. Whether reasonable suspicion exists by a law enforcement officer that a person is involved in criminal activity is a question of law. An appellate court applies a mixed question standard […]

124 P.3d 1083 STIDHAM v. STIDHAM. No. 93,486.Court of Appeals of Kansas. December 23, 2005. Appeal from Sedgwick. Decision without published opinion. Appeal dismissed.

347 P.2d 248 McKINLEY-WINTER LIVESTOCK COMMISSION COMPANY, a corporation, Appellee, v. JOE FLETCHER, Appellant. No. 41,512Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT TRIAL — Demurrer to Evidence — Motions — Findings and Verdict Not Consistent. The record in an action to recover money upon an alleged oral contract is […]

305 P.2d 1056 ETHEL ZINN, Appellee, v. A.H. HILL LUMBER AND INVESTMENT COMPANY, INC., Appellant. No. 40,360Supreme Court of Kansas Opinion filed January 12, 1957. SYLLABUS BY THE COURT LANDLORD AND TENANT — Defective Entranceway to Building — Verdict and Findings Supported by the Evidence. In an action to recover damages for personal injuries sustained […]

322 P.2d 345 L.I. COFFEY, BILLY JOE FOX and MAXINE WANDA FOX, Appellees, v. GIRARD INSURANCE COMPANY OF PHILADELPHIA, PENNSYLVANIA, Appellant. No. 40,832Supreme Court of Kansas Opinion filed March 8, 1958. SYLLABUS BY THE COURT 1. INSURANCE — Fire Insurance Policy — Coverage Appertaining to Dwelling — Liability. The record examined of a judgment in […]

376 P.2d 926 ADLEY LORBEER, Appellant, v. ROGER KENT WEATHERBY, A Minor, by and through his Father and Next Friend, HOWARD G. WEATHERBY, Appellee. No. 42,941Supreme Court of Kansas Opinion filed December 8, 1962. SYLLABUS BY THE COURT 1. NEW TRIAL — Verdict Not Supported by Evidence — Duty to Order New Trial. When a […]

204 P.3d 543 IN THE MATTER OF A.J.S., A Minor Child. No. 99,130.Supreme Court of Kansas. Opinion filed March 27, 2009. SYLLABUS BY THE COURT1. PARENT AND CHILD — Indian Child Welfare Act — Application of Act. to Termination of Parental Rights or Adoption Proceedings. The threshold question of whether the Indian Child Welfare Act, […]

971 P.2d 1189 CITY OF WICHITA, Appellee, v. McDONALD’S CORP., et al., Appellants. No. 79,840Supreme Court of Kansas Opinion Filed January 29, 1999. SYLLABUS BY THE COURT 1. CONDEMNATION — “Right of Access” Compared to “Regulation of Traffic Flow.” In a condemnation claim for damages as the result of a taking there is a significant […]

530 P.2d 1213 STATE OF KANSAS, Appellee, v. CHESTER R. RIDGE, Appellant. No. 47,477Supreme Court of Kansas Opinion filed January 25, 1975. SYLLABUS BY THE COURT CRIMINAL LAW — Felony Theft — Sufficiency of Evidence — Admissibility of Money. In a prosecution for felony theft it is held (1) there was sufficient evidence to support […]

711 P.2d 757 VERNA E. SIMMONS, Claimant, v. SECURITY NATIONAL BANK, Respondent-Appellant, and CASUALTY RECIPROCAL EXCHANGE, Insurance Carrier-Appellant, and KANSAS WORKERS’ COMPENSATION FUND, Appellee. No. 57,906[1] Court of Appeals of Kansas Opinion filed November 21, 1985 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an […]

798 P.2d 960 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1596, RUSSELL BRICKELL, DENNIS O’BRIEN, RICK LAUGHLIN, AND ROBERT KENT, Appellants, v. THE CITY OF LAWRENCE, KANSAS, Appellee. No. 64,908Court of Appeals of Kansas Opinion filed October 12, 1990 Petition for review denied 248 Kan. ___ (January 29, 1991). SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES […]