Category: Kansas Court Opinions

678 P.2d 625 JIM HAVENS, d/b/a HAVENS CONSTRUCTION COMPANY, Appellee, v. SAFEWAY STORES, A Corporation and L.R. FOY CONSTRUCTION CO., INC., Appellants. No. 55,854Supreme Court of Kansas Opinion filed March 24, 1984. SYLLABUS BY THE COURT 1. CONTRACTS — Custom and Usage — When Allowed to Explain Contract Terms. Custom and usage may be shown […]

493 P.2d 264 HARVEY J. JACKSON, Appellant, STEVENS WELL SERVICE AND TRI-STATE INSURANCE COMPANY, Appellees. No. 46,270Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Injury Arising Out of Employment — What Injuries Compensable. When a primary injury under the Workmen’s Compensation Act is shown to have […]

896 P.2d 378 STATE OF KANSAS, Appellant, v. BARBARA GULLEDGE, Appellee. No. 72,315Supreme Court of Kansas Opinion filed June 2, 1995. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Double Jeopardy — State and Federal Constitutional Protections. The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and Section 10 of the […]

148 P.3d 1284 KELLY A. FINLEY, Appellant, v. ESTATE OF CHARLES “DON” DE GRAZIO, CRNA; SAM SIMON, CRNA; LESLIE M. LUINSTRA, M.D.; AND TERRY L. MILLS, M.D., Appellees. No. 94,698.Court of Appeals of Kansas. Opinion filed November 17, 2006. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Service of Process — Extension of Time to Effect […]

353 P.2d 789 ALFRED MAYFIELD, Appellee, v. HESSTON MANUFACTURING COMPANY, INC., Appellant. No. 41,926Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT 1. PLEADING — Motions to Strike and to Make Definite — Judicial Discretion — When Appealable. The established rule in this jurisdiction is that motions to strike and to […]

578 P.2d 713 STATE OF KANSAS, Appellee, v. DARREL JOSEPH GOURLEY, Appellant. No. 49,396Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Other Crimes Evidence — Proof of Identity. Where a similar offense is offered under K.S.A. 60-455 for the purpose of proving identity, the evidence should […]

795 P.2d 375 In the Matter of the Marriage of SARAH BROWN, Appellee, and WILLIE BROWN, Appellant. No. 63,771Supreme Court of Kansas Opinion filed July 13, 1990. SYLLABUS BY THE COURT DIVORCE — Spousal Support Action Where Divorce Decree Rendered in Another State — In Personam Jurisdiction over Absent Ex-husband — Error to Award Past […]

586 P.2d 1074 In re: GLENN J. SHANAHAN, voluntary surrender of his certificate to practice law in the State of Kansas. Bar Docket No. 4048Supreme Court of Kansas November 28, 1978 ORDER CANCELING CERTIFICATE FILED NOVEMBER 28, 1978. Per Curiam: On November 28, 1978, GLENN J. SHANAHAN voluntarily surrendered his certificate admitting him to practice […]

408 P.2d 580 JERRY GROENE, Appellant, v. STATE OF KANSAS, Appellee. No. 44,367Supreme Court of Kansas Opinion filed December 11, 1965. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Motion Denied. In an appeal from an order denying a motion to vacate judgment and sentence (K.S.A. 60-1507), the […]

373 P.2d 178 JOHN HARDMAN, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Appellee. No. 42,778Supreme Court of Kansas Opinion filed July 7, 1962. SYLLABUS BY THE COURT HABEAS CORPUS — Delay Filing Transcript — No Constitutional Rights Violated. The record in a proceeding for a writ of habeas corpus examined, and it is […]

715 P.2d 376 EXECUTIVE FINANCIAL SERVICES, INC., Appellee and Cross-Appellant, v. JAMES B. LOYD and GENE R. MOHR, d/b/a MOHR-LOYD LEASING and TRI-COUNTY FARM EQUIPMENT CO., Appellants and Cross-Appellees. No. 57,573Supreme Court of Kansas Opinion filed February 21, 1986. SYLLABUS BY THE COURT 1. PARTNERSHIP — Authority of Partner to Bind Partnership. A partner’s authority […]

557 P.2d 1286 LAKEVIEW GARDENS, INC., Appellant, v. STATE OF KANSAS, ex rel. CURT SCHNEIDER, Attorney General; KEITH SANBORN, District Attorney for the 18th Judicial District of Kansas, Appellees. No. 48,416Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. In determining whether K.S.A. 16-301 […]

360 P.2d 863 H. MILTON RUDY and RUSSELL A. IRION, Appellants, v. LOUIS WHALEY and L.G. CRAFT, d/b/a Craft Oil Company, Appellees. No. 42,137Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appeal from Adverse Rulings on Demurrer — Notice. An aggrieved party perfecting a timely […]

106 P.3d 99 BENSON v. STATE. No. 90,631.Court of Appeals of Kansas February 18, 2005. Appeal from the Marshall. Decision without published opinion. Affirmed.

276 P.2d 299 JACOB O. SOUTHARD, JR., Appellant, v. MUTUAL BENEFIT HEALTH ACCIDENT ASSOCIATION OF OMAHA, Appellee. No. 39,352Supreme Court of Kansas Opinion filed November 13, 1954. SYLLABUS BY THE COURT INSURANCE — Accident Insurance — Total Disability — Future Payments — Anticipatory Breach. In an action on an accident insurance policy, the plaintiff sought […]

666 P.2d 725 STATE OF KANSAS, Petitioner, v. ROBERT M. SOCOLOFSKY, Respondent. No. 55,450Supreme Court of Kansas July 15, 1983 ORDER OF PUBLIC CENSURE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. On March 2, 1983, a panel of the Board for Discipline of Attorneys filed its report with the Clerk of the Appellate […]

116 P.3d 55 STATE v. McGEE. No. 92,475.Court of Appeals of Kansas. July 29, 2005. Appeal from Shawnee. Decision without published opinion. Affirmed.

122 P.3d 838 STATE v. LOPEZ. No. 93,253.Court of Appeals of Kansas. November 18, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed in part, reversed in part, and remanded with directions.

613 P.2d 1356 DEANNA LYNN HOFFMAN, Appellant, v. GREGORY ANDREW HOFFMAN, Appellee. No. 51,375Supreme Court of Kansas Opinion filed July 18, 1980. SYLLABUS BY THE COURT PARENT AND CHILD — Change in Custody of Minor Child — Fitness of Parent — Abuse of Discretion — Review of Evidence. In an appeal from an order changing […]

352 P.2d 5 WILLIAM HOLMES, JR., Administrator of the Estate of Brisco Price, Deceased, Appellee, v. WILLIE MAE PRICE, Appellant. No. 41,792Supreme Court of Kansas Opinion filed May 14, 1960. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Out-of-court Settlement — General Release — Division of Funds. Where an administrator enters into an out-of-court settlement […]

997 P.2d 664 STATE OF KANSAS, Appellee/Cross-appellant, v. OMAR JASON SAMPSEL, Appellant/Cross-appellee. No. 79,143Supreme Court of Kansas Opinion filed January 28, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Furnishing Alcoholic Liquor to Minor. The prohibition of K.S.A. 21-3610 against furnishing alcoholic liquor to a minor applies to minors as well as adults. 2. […]

245 P.2d 167 In re Estate of Schuyler Collins, Deceased. (A.B. WHITE, Appellee, v. RAY DANNER, Administrator, Appellant.) No. 38,677Supreme Court of Kansas Opinion filed June 7, 1952. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Motion to Strike — Not Appealable Order. An order of a trial court overruling defendant’s motion to strike […]

815 P.2d 124 In the Matter of the Marriage of D. DEAN NICE, Petitioner/Appellant, and ELIZABETH D. NICE, Respondent. No. 65,698Court of Appeals of Kansas Opinion filed July 19, 1991 SYLLABUS BY THE COURT DIVORCE — Costs and Attorney Fees — Enforcement of Judgment. K.S.A. 1990 Supp. 60-1610(b)(4) is interpreted and applied. Appeal from Johnson […]

269 P.2d 459 In the Matter of the Application of CLARA L. HEILMAN for a Writ of Habeas Corpus for JACK ARTHUR HEILMAN, Her Infant Son. No. 39,064Supreme Court of Kansas Opinion filed April 10, 1954. SYLLABUS BY THE COURT HABEAS CORPUS — Custody of Minor Child — Writ Denied. In an original proceeding in […]

22 P.3d 615 ROSA M. ALBRIGHT, Appellant, v. KANSAS DEPARTMENT OF TRANSPORTATION, STATE OF KANSAS, Appellee. No. 85,077Court of Appeals of Kansas Opinion filed: April 27, 2001. SYLLABUS BY THE COURT 1. HIGHWAYS AND STREETS — Kansas Department of Transportation’s Granting Authority to Business to Erect Directional Signs — Detour Not Created. Giving permission for […]

43 P.3d 828 IN THE MATTER OF THE APPLICATION OF AMERICAN WARRIOR, INC. FOR EXEMPTION FROM AD VALOREM TAXATION IN NESS COUNTY, KANSAS. No. 87,219Court of Appeals of Kansas Opinion filed: April 5, 2002. SYLLABUS BY THE COURT TAXATION — Ad Valorem Tax Exemption — Manufacturer’s Inventory — “Manufacturer” Defined by Statute. K.S.A. 79-201m(a)(2) is […]

379 P.2d 311 HELEN CARTER, Appellee, v. CHARLES CARTER, Appellant. No. 43,066Supreme Court of Kansas Opinion filed March 2, 1963. SYLLABUS BY THE COURT 1. DIVORCE — Evidence — Sufficiency of Corroborative Evidence. In an action for divorce, the record is examined, and it is held that plaintiff’s corroborative evidence was sufficient to warrant the […]

348 P.2d 833 STATE OF KANSAS, ex rel. JOHN ANDERSON, JR., Plaintiff, v. JOHN N. STICE, Judge of the Court of Common Pleas of Sedgwick County, Kansas, Defendant. No. 41,604Supreme Court of Kansas Opinion filed January 23, 1960. SYLLABUS BY THE COURT JUDGES — Ouster — Disbarment — Statutory Requirement — Disqualified to Hold Judgeship. […]

42 P.3d 732 STATE OF KANSAS, Appellee, v. TRAVIS T. HITT, Appellant. No. 85,553Supreme Court of Kansas Opinion filed: March 15, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Prior Convictions or Juvenile Adjudications May Be Used to Increase Defendant’s Sentence — Apprendi Not Violated. Apprendi v. New Jersey, 530 U.S. 466, […]

212 P.2d 348 TOKLAN ROYALTY CORPORATION, a Corporation, JOHN H. LEAVELL, and F.E. BERNSEN, Appellees and Cross-appellants, v. PANHANDLE EASTERN PIPE LINE COMPANY, a Corporation, Appellant and Cross-appellee. No. 37,691Supreme Court of Kansas Opinion filed December 10, 1949. SYLLABUS BY THE COURT 1. PLEADING — Separation into Counts — Discretion of Trial Court — When […]

850 P.2d 795 CATHY LAWLESS and TAMMY NELSON, Co-Administrators of the Estate of JACK SADE, Deceased, and CATHY LAWLESS and TAMMY NELSON, Individually as Heirs-at-Law, Appellants, v. CEDAR VALE REGIONAL HOSPITAL, Appellee. No. 68,724Supreme Court of Kansas Opinion filed April 16, 1993. SYLLABUS BY THE COURT 1. TORTS — Medical Malpractice — Medical Malpractice Screening […]

541 P.2d 694 LEONA GASTIL, Plaintiff-Appellant, v. ROBERTA CURRY, a minor by and through her Mother and Next Friend, DELORES CURRY, Defendant-Appellee. No. 47,439Supreme Court of Kansas Opinion filed November 2, 1974. Appeal from Sedgwick district court, division No. 6; ROBERT T. STEPHAN, judge. Opinion filed November 2, 1974. James P. Johnston, of Sowers, Carson, […]

461 P.2d 806 HAROLD W. KELLEY, Appellee, v. LORRAINE D. LEE, Appellant. No. 45,497Supreme Court of Kansas Opinion filed December 6, 1969. SYLLABUS BY THE COURT 1. PLEADINGS — Construction. A court looks through form to substance in measuring the sufficiency of allegations of a pleading. 2. SAME — Claims for Relief. A petition filed […]

340 P.2d 907 In Re Estate of Carey Sowder, Deceased. (ROBERT R. SOWDER, Appellant, v. RICHARD D. SOWDER, GEORGE A. SOWDER and A.C. BEAN, individually and as executor of the estate of Carey Sowder, Appellees.) No. 41,402Supreme Court of Kansas Opinion filed June 13, 1959. SYLLABUS BY THE COURT 1. WILLS — Lapsed Portion of […]

318 P.2d 1066 JOHN F. CRONIN, Appellee, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant. JEAN CRONIN, Appellee, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant. Nos. 40,540 and 40,541Supreme Court of Kansas Opinion filed December 7, 1957. SYLLABUS BY THE COURT HIGHWAYS — Defect — Conditions Not Within Purview of Statute — Sufficiency of Petition. The […]

154 P.3d 1148 STATE OF KANSAS, Appellee, v. DONALD D. STOREY, Appellant. No. 95,592.Court of Appeals of Kansas. Opinion filed April 6, 2007. Affd 286 Kan. 7, 179 P.3d 1137 (2008). SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged in a criminal […]

719 P.2d 14 JOSEPH POTUCEK, III, JANA P. (POTUCEK) LYNN, PATRICIA ANN POTUCEK and KEVIN L. POTUCEK, Plaintiffs-Appellees, v. STEVEN LEE POTUCEK, Defendant-Appellant. No. 57,782Court of Appeals of Kansas Opinion filed May 15, 1986 SYLLABUS BY THE COURT 1. TRUSTS — Oral Trust Concerning Land — Validity — Enforcement by Equitable Estoppel. No trust concerning […]

512 P.2d 354 IVAN E. RHODES, et al., Appellees, v. ROBERT C. HARDER, State Director of Social Welfare, et al., Appellants. No. 46,696Supreme Court of Kansas Opinion filed July 14, 1973. OPINION ON MOTION TO MODIFY DECISION Appeal from Sedgwick district court, division No. 7; THOMAS C. RAUM, JR., judge. Opinion filed July 14, 1973, […]

794 P.2d 660 In the Matter of WILLIAM R. WOOD, Respondent. No. 64,792Supreme Court of Kansas Opinion filed July 13, 1990. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed July 13, 1990. One-year suspension. Bruce E. Miller, disciplinary administrator, argued the cause for the […]

618 P.2d 837 ASHOK K. GUMBHIR, Appellant, v. KANSAS STATE BOARD OF PHARMACY, Appellee. No. 51,935Supreme Court of Kansas Opinion filed November 1, 1980. SYLLABUS BY THE COURT 1. LEGISLATURE — Constitutional Mandate. Under Article 2, Section 1 of the Constitution of the State of Kansas the legislative power of this state shall be vested […]

651 P.2d 973 STATE OF KANSAS, Appellee, v. CHARLES D. ERBACHER, Appellant. No. 54,232Court of Appeals of Kansas Opinion filed October 7, 1982 SYLLABUS BY THE COURT INTOXICATING LIQUORS — Prohibited Transportation of Open Container of Cereal Malt Beverage by Passenger in Vehicle. K.S.A. 41-2719 which states that no person shall transport an open container […]

255 P.2d 624 JESSE L. HEMPHILL, Appellee, v. CO-OPERATIVE REFINERY ASSOCIATION OF COFFEYVILLE, and EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY, Appellants. No. 38,874Supreme Court of Kansas Opinion filed April 11, 1953. SYLLABUS BY THE COURT WORKMAN’S COMPENSATION — Loss of Sightless Eye — Compensation — Statute Construed. When claimant was a child he sustained an injury […]

687 P.2d 1375 STATE OF KANSAS, Appellee, v. TYRONE H. POWELL and ROBERT E. HORTON, Appellants. No. 56,036Court of Appeals of Kansas Opinion filed September 27, 1984 Petition for review denied November 9, 1984. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Testimony — Admissibility. Admission of expert testimony lies within the sound discretion of […]

830 P.2d 23 LAURENCE M. JARVIS, Appellant/Cross-appellee, v. TERRY W. DRAKE, Appellee/Cross-appellant. No. 66,434Supreme Court of Kansas Opinion filed April 10, 1992. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Disciplinary Proceeding — Judicial Immunity Granted to Participants Precludes Civil Action by Attorney against Complainant. The immunity granted in Supreme Court Rule 223 (1991 […]

701 P.2d 1338 In The Matter Of DONALD E. BUCHER, Respondent. No. 57,871Supreme Court of Kansas Opinion filed July 9, 1985. ORDER OF PUBLIC CENSURE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Original proceeding in discipline. Public censure. Opinion filed July 9, 1985. Donald E. Bucher, of Kansas City, appeared pro se. Arno […]

57 P.3d 538 ROOF-TECHS INTERNATIONAL, INC., PLAINTIFF-APPELLANT/CROSS-APPELLEE, AND CENTRAL MECHANICAL CONSTRUCTION CO., INC., AND D.L. SMITH ELECTRICAL CONSTRUCTION, INC., PLAINTIFFS-APPELLEES/CROSS-APPELLANTS, v. THE STATE OF KANSAS, THE LAW COMPANY, INC., AND UNITED STATES FIDELITY GUARANTY COMPANY, DEFENDANTS-APPELLEES/CROSS-APPELLANTS, AND BRENT BOWMAN AND ASSOCIATES ARCHITECTS, P.A., DEFENDANT-APPELLEE. No. 87,075Court of Appeals of Kansas Opinion filed: November 1, 2002. […]

956 P.2d 1333 In the Matter of RANDALL D. PALMER, Respondent. No. 80,112Supreme Court of Kansas Opinion filed April 17, 1998 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed April 17, 1998. Published censure. Stanton A. Hazlett, disciplinary administrator, argued the cause and was […]

134 P.3d 669 ALLIANCE STEEL, INC., Appellant, v. TROY PILAND, TERRANCE PILAND, DOUGLAS GROOMS, d/b/a ASSOCIATED CONSTRUCTION and/or ASSOCIATED CONSTRUCTION SERVICE, and ROBERT D. DUNLAP, d/b/a DUNLAP CONSTRUCTION, Appellees. No. 94,245.Court of Appeals of Kansas. Opinion filed May 19, 2006. SYLLABUS BY THE COURT1. CORPORATIONS — Foreign Corporations Doing Business in Kansas — Statutes Pertaining […]

911 P.2d 177 LARRY FARRIS, WILLIAM MEIER, and ROBERT DAWSON, Appellees, v. DAVID McKUNE, Warden of Lansing Correctional Facility, et al., Appellants. Nos. 72,418, 72,666, 72,853Supreme Court of Kansas Opinion filed February 2, 1996. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Question of Law — Appellate Review. A trial court’s interpretation of a […]

67 P.3d 121 STATE OF KANSAS, Appellee, v. REBECCA BEACH, Appellant. No. 87,407.Supreme Court of Kansas Opinion filed April 25, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Felony Murder — Death of Victim and Felony Need Not Occur Simultaneously. When applying the felony-murder rule, the felony and the victim’s death do not need to […]

941 P.2d 424 THE CITIZENS’ UTILITY RATEPAYER BOARD, Appellant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, et al., Appellees. No. 78,513.Court of Appeals of Kansas Opinion filed June 25, 1997. SYLLABUS BY THE COURT 1. KANSAS CORPORATION COMMISSION — Court of Appeals Review of Rate Hearing. The statutory provision for Court of […]

696 P.2d 954 STATE OF KANSAS, Plaintiff-Appellant, v. EILEEN M. BROWN, Defendant-Appellee. STATE OF KANSAS, Plaintiff-Appellee, v. EILEEN M. BROWN, Defendant-Appellant. Nos. 56,525, 56,997Supreme Court of Kansas Opinion filed March 2, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecutor’s Appeal on Question Reserved — Consideration by Appellate Court. Appeals on questions reserved by […]

576 P.2d 611 JIM BEARD, Petitioner-Appellant, v. RAYMOND MAYNARD, Respondent-Appellee. No. 48,439Supreme Court of Kansas Opinion filed April 1, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Detainer Based on Out-of-state Parole Violator Warrant — Constitutionality. The issuance of a detainer against an inmate in a penal institution based on an out-of-state parole violator […]

279 P.2d 271 In the Matter of the Estate of Mary Jane Johnson, Deceased. GEORGE JOHNSON, RUTH JOHNSON and BARBARA ANN GEORGE, Appellants, v. FRED JOHNSON, JR., ETHEL GLICK, DORATHE McCAULEY, ROBERT JOHNSON and ANNA MARSTON, Appellees. No. 39,587Supreme Court of Kansas Opinion filed January 22, 1955. SYLLABUS BY THE COURT 1. APPEAL AND ERROR […]

662 P.2d 1238 CLAY L. WIRT, JOHN J. FRANKE, JR., and ROBERT C. BACON, as the Board of County Commissioners of the County of Johnson and as the County Board of Equalization of the County of Johnson; DONALD J. CURRY, as the County Clerk of said County; EDNA C. CRAIG, as the County Treasurer of […]

108 P.3d 445 STATE OF KANSAS, Appellee, v. STEVEN T. SHELINBARGER, Appellant. No. 91,821.Court of Appeals of Kansas. Opinion filed March 4, 2005. Petition for review denied 280 Kan. ___ (September 29, 2005). SYLLABUS BY THE COURT1. CONTRACTS — Contract Clause of United States Constitution — Clause Prohibits States from Passing Law That Impairs Contract […]

161 P.3d 208 STATE OF KANSAS, Appellee, v. BOBBY BRUCE WHITE, Appellant. No. 95,621.Supreme Court of Kansas. Opinion filed June 22, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Prosecutorial Misconduct — Appellate Review — Two-step Analysis. Allegations of prosecutorial misconduct require a two-step analysis. First, the appellate court must determine whether the comments were […]

291 P.2d 425 James L. Selanders (now deceased), CHRISTINE SELANDERS, Appellant, v. BESSIE L. SELANDERS ANDERSON, Appellee. No. 39,919Supreme Court of Kansas Opinion filed December 10, 1955. SYLLABUS BY THE COURT PARENT AND CHILD — Custody of Children — Enjoining Adoption. In an action, such as is set out in the opinion, where the trial […]

305 P.2d 858 HARRY PLASTERS, Petitioner, v. ARTHUR HOFFMAN, Warden, Kansas State Penitentiary, Respondent. No. 40,318Supreme Court of Kansas Opinion filed January 12, 1957. SYLLABUS BY THE COURT HABEAS CORPUS — Grounds — Writ Denied. Upon examination of the record in an original habeas corpus proceeding it is held the petitioner, Harry Plasters, who is […]

716 P.2d 540 FRED MURRAY, CHARLENE R. MURRAY and MURRAY CONSTRUCTION COMPANY, INC., Appellants, v. STATE OF KANSAS, DEPARTMENT OF TRANSPORTATION and THE CITY OF BONNER SPRINGS, KANSAS, Appellees. No. 57,268Supreme Court of Kansas Opinion filed March 28, 1986. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Condemnation Proceeding — Challenge to Right to Exercise […]

366 P.2d 257 ORMAN L. MILLER, Executor of the Will and Codicil of Fern F. Henery, Deceased, Appellee, v. J.C. HIGGINS, Appellant, and HAVENSVILLE STATE BANK (Defendant). No. 42,324Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT 1. JOINT TENANCY — Creation. Under the provisions of G.S. 1949, 58-501, in order […]

721 P.2d 290 LOUISE JOHNSON, Appellee, v. MORRIS E. JOHNSON, Appellant. No. 58,252Court of Appeals of Kansas Opinion filed June 19, 1986 SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Contempt Proceedings to Enforce Past-due Support after Children Reach Age of Majority. Contempt proceedings under K.S.A. 20-1204a may be used to […]

727 P.2d 491 STATE OF KANSAS, Appellant, v. ROBERT A. KITZMAN, Appellee. No. 59,147Supreme Court of Kansas Opinion filed October 31, 1986. SYLLABUS BY THE COURT 1. STATUTES — Construction. The rules of statutory construction are reviewed and stated. 2. CRIMINAL LAW — Driving under Influence — Sentencing — Mandatory Minimum Fine Cannot Be Suspended […]

196 P.3d 1180 In the Matter of the Adoption of A.A.T., a Minor Child. No. 98,740.Supreme Court of Kansas. Opinion Filed December 12, 2008. SYLLABUS BY THE COURT1. JUDGMENTS — Void judgment — Appellate Review. Although abuse of discretion is generally the correct standard for review of district court decisions under K.S.A. 60-260(b), this is […]

272 P.2d 1082 ELIZABETH ANN THOELE, Appellant, v. LAWRENCE T. THOELE, Appellee. No. 39,477Supreme Court of Kansas Opinion filed July 6, 1954. SYLLABUS BY THE COURT DIVORCE — Agreement Between Parties — Action Upon. A wife sued her husband for divorce. When the cause came on for trial the parties agreed that the husband would […]

28 P.2d 968 THE CITY OF KANSAS CITY, Appellee, v. THE INDUSTRIAL GAS COMPANY and THE NATIONAL SURETY COMPANY, Appellants. No. 31,304.Supreme Court of Kansas. Opinion filed January 27, 1934. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Franchise Ordinance — Validity —Liability on Performance Bond. In an action on a bond, naming a sum as […]

36 P.3d 853 PITTSBURG STATE UNIVERSITY/KANSAS NATIONAL EDUCATION ASSOCIATION, Appellants, v. KANSAS BOARD OF REGENTS/PITTSBURG STATE UNIVERSITY and KANSAS DEPARTMENT OF HUMAN RESOURCES, Appellees. No. 86,934Court of Appeals of Kansas Opinion filed: December 21, 2001. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Petition for Review of Agency Action — Case Caption Requirement — Amendment […]

246 P.2d 245 MAUDE MEYER, CECIL R. MEYER, a minor, by Maude Meyer, his guardian, ELLA MEYER MURPHY, HERMAN E. MEYER, WILLIAM H. MEYER, ARLENE YOUNG, HENRY MEYER, JR., and NORMA JEAN SMITH, Appellants, v. SINCLAIR PRAIRIE OIL COMPANY, a corporation, and LANDOWNERS OIL ASSOCIATION, a corporation, Appellees. No. 38,627Supreme Court of Kansas Opinion filed […]

538 P.2d 1399 STATE OF KANSAS, Appellee, v. JOSEPH LEE SHERK, Appellant. No. 47,785Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT JUVENILES — Aggravated Juvenile Delinquency — Statute Constitutional. K.S.A. 21-3611 (1) (f) (1974 Weeks) which provides for the crime of aggravated juvenile delinquency is not unconstitutional as a denial […]

218 P.2d 178 JAMES B. FAIDLEY, Appellee, v. W.C. EMRICH and EDNA P. EMRICH, his wife, Appellants. No. 37,871Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT LIMITATION OF ACTIONS — Action to Quiet Title — Deed Obtained by Fraud — When Statute Begins to Run. In an action to quiet […]

693 P.2d 481 In the Interest of CARRIE FRANCINE WICKS, a Minor Child. No. 56,597Court of Appeals of Kansas Opinion filed January 17, 1985 SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Custody — Application of Uniform Child Custody Jurisdiction Act. When child custody is an issue in a continuing case under the […]

509 P.2d 1142 CITY OF COLBY, KANSAS, Appellee, v. TOMMY S. HURTT, Appellant. No. 46,751Supreme Court of Kansas Opinion filed May 12, 1973. SYLLABUS BY THE COURT 1. ZONING — Validity of Ordinance — Extent of Judicial Review. In an action challenging the validity of a zoning ordinance, the power of the courts is limited […]

840 P.2d 519 In the Matter of TIMOTHY P. WOOD, Respondent. No. 68,080Supreme Court of Kansas Opinion filed October 30, 1992. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed October 30, 1992. One-year suspension with reinstatement by petition. Stanton A. Hazlett, deputy disciplinary administrator, […]

601 P.2d 1110 CITIZENS STATE BANK TRUST COMPANY OF HIAWATHA, KANSAS, AS CONSERVATOR FOR HELEN RELLER, Plaintiff-Appellant, v. LARRY D. NOLTE, Defendant-Appellee. No. 49,868Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT 1. CONSERVATORS — Voluntary Conservatorship — Capacity of Conservatee to Convey Real Property. The imposition of a voluntary conservatorship […]

645 P.2d 911 CYLUS A. JOHNSON, et al., Appellants, v. ELSIE G. JOHNSON, Executrix, et al., and In The Matter of The Estate of Albert R. Johnson, deceased, Appellees. No. 53,372Court of Appeals of Kansas Opinion filed May 12, 1982 Petition for review denied June 28, 1982. SYLLABUS BY THE COURT 1. TRUSTS — Revocation […]

216 P.2d 784 THE STATE OF KANSAS, ex rel., HAROLD R. FATZER, Attorney General, Plaintiff, v. VERNON C. AXTON, Mayor of the City of Parsons, Defendant. No. 37,822Supreme Court of Kansas Opinion filed April 8, 1950. SYLLABUS BY THE COURT QUO WARRANTO — Ouster of Public Officer — Misconduct in Office — Findings of Commissioner […]

317 P.2d 806 STATE OF KANSAS, ex rel. DONALD E. MARTIN, County Attorney of Wyandotte County, Kansas, Plaintiff, v. THE CITY OF KANSAS CITY, KANSAS, a Municipal Corporation; PAUL F. MITCHUM, Mayor-Commissioner; EARL B. SWARNER, Commissioner of Finance, Health and Public Property; JOSEPH P. REGAN, Commissioner of Boulevards, Parks and Streets; and QUINDARO TOWNSHIP, WYANDOTTE […]

673 P.2d 462 EMMA NEADERHISER, Appellee, v. STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellant. No. 55,541Court of Appeals of Kansas Opinion filed December 22, 1983 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Questions of Law — Review of Order of Administrative Agency. In reviewing questions of law a court may substitute its […]

538 P.2d 670 STATE OF KANSAS, Appellee, v. CHESTER IRVING, Appellant. No. 47,791Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT 1. TRIAL — Instructions — Considered as a Whole. The propriety of instructions to a jury is to be gauged by their consideration as a whole, each in conjunction with […]

635 P.2d 1263 DODGE CITY NATIONAL EDUCATION ASSOCIATION, Appellee, v. UNIFIED SCHOOL DISTRICT No. 443, Appellant. No. 52,551Court of Appeals of Kansas Opinion filed November 13, 1981 Petition for review denied December 21, 1981. SYLLABUS BY THE COURT SCHOOLS — Teachers’ Contracts — Board Cannot Make Unilateral Changes in Items Which are Mandatorily Negotiable. After […]

114 P.3d 190 STATE v. CARROLL. No. 92,357.Court of Appeals of Kansas. July 1, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

217 P.2d 270 DAVID CUTREL and ROSIE BENDER, Plaintiffs, v. LEE F. BEST, a Justice of the Peace of the City of Columbus, Cherokee County, and ARCHIE BOTTOM and JACK DEWEY, Defendants. No. 37,754Supreme Court of Kansas Opinion filed April 8, 1950. SYLLABUS BY THE COURT 1. STATUTES — Conflict Between Statutes — Construction. Where […]

888 P.2d 869 CRESCENT OIL COMPANY, INC., Appellant, v. FEDERATED MUTUAL INSURANCE COMPANY, Appellee. No. 71,160Court of Appeals of Kansas Opinion filed January 27, 1995 SYLLABUS BY THE COURT 1. INSURANCE — Policy Construction — Narrow Construction Applied to Exceptions, Limitations, and Exclusions to Insuring Agreement. In Kansas, the general rule is that exceptions, limitations, […]