Category: Kansas Court Opinions

363 P.2d 427 REFUGIO ROBLES, Appellant, v. CENTRAL SURETY INSURANCE CORPORATION, TRANSCONTINENTAL BUS SYSTEM, INC., and RAYMOND AVELAR, Appellees. No. 42,225Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Verdict and Findings — Extent of Appellate Review. The supreme court does not sit as a trier […]

369 P.2d 487 ROBERTA ANN MATHENA, by Robert E. Mathena, her father and next friend, Appellee, v. FRANCIS BURCHETT, Appellant. No. 42,522Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT 1. AUTOMOBILES — Overruling Motion for Directed Verdict — Instructions — Motion for Mistrial. In an action to recover for personal […]

347 P.2d 417 MABELLE M. JENKINS, formerly Mabelle M. Balloun, individually, and as Trustee of the R.G. Balloun, Trust, Appellant, v. UNITED STATES FIRE INSURANCE COMPANY, a Corporation, Appellee. No. 41,519Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT 1. INSURANCE — Construction of Policy — Intent of Parties. Where it […]

877 P.2d 421 In the Matter of GARY W. LONG, II, Respondent. No. 70,780Supreme Court of Kansas Opinion filed July 8, 1994. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Supervised Probation. Original proceeding in discipline. Opinion filed July 8, 1994. Supervised probation. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, […]

442 P.2d 5 GEORGE HARSHBERGER, JR., RICHARD L. JOHNSON, WESLEY BLACK, JOE D. CONVERTH, ROBERT NEWELL, RUSSELL E. FISCHER, GUY D. JOSSERAND, NORBERT TASSETT, CLEO NORRIS, EDWARD MOLITOR, DELMAR STONE, ROY A. MANN, LOUIS E. BECK, J.I. WILCOXEN, and DEAN SHELOR, for Themselves and for All Persons Similarly Situated, Appellants, v. THE BOARD OF COUNTY […]

667 P.2d 879 PAUL M. DUTOIT, BETTY J. DUTOIT, DUTOIT CONSTRUCTION CO., a Missouri Corporation, and all others similarly situated, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, sitting and acting as the governing body of Blue River Sewer Sub-District No. 5 and Blue River Main Sewer District No. 1; ROBERT C. […]

339 P.2d 36 CARLOS PERRY, By and Through HOMER PERRY, His Father and Natural Guardian, Appellee, v. TERRY LEE SCHMITT, Appellant. No. 41,335Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT 1. NEGLIGENCE — Contributory Negligence No Defense to Wantonness. In an action to recover damages for injuries sustained in an […]

76 P.3d 1048 JERRY RICE, et al., Appellants, v. STATE OF KANSAS, et al., Appellees. No. 89,759.Court of Appeals of Kansas. Opinion filed September 19, 2003. SYLLABUS BY THE COURT1. HABEAS CORPUS — District Court’s Findings of Fact and Conclusions of Law — Appellate Review. Our standard of review on an appeal in a K.S.A. […]

354 P.2d 362 ORVILLE J. COLE, as Ancillary Administrator of the Estate of Ida May Hoefflin, Deceased, Appellee, v. KENNETH G. HOEFFLIN, Appellant. No. 41,904Supreme Court of Kansas Opinion filed July 15, 1960. SYLLABUS BY THE COURT DEEDS — Delivery to Third Person — Return to Grantor. In an action to set aside a deed […]

673 P.2d 1126 PORK MOTEL, CORP., Appellant, v. THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellee. Nos. 55,087, 55,352Supreme Court of Kansas Opinion filed December 2, 1983. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Rules and Regulations of Administrative Agency — Statutory Authority. Rules or regulations of an administrative agency, to be valid, must […]

340 P.2d 885 In the Matter of the Trust Estate under the Last Will and Testament of John A. Randall, Deceased. (JOHN L. RANDALL, MARY STRUEBY, SEARLE RANDALL, and CHARLOTTE McELFRESH, Appellants, v. W.E. REGIER, Trustee, ROBERT FULMER, DOROTHY CHICHESTER, ALICE WHARTON, and A.R. LITTLE, Appellees.) No. 41,433Supreme Court of Kansas Opinion filed June 13, […]

228 P.2d 707 RUTH G. PEARCY, Appellant, v. THE FIRST NATIONAL BANK IN WICHITA (a banking corporation), and FRED HINKLE, Appellees. No. 38,080Supreme Court of Kansas Opinion filed March 10, 1951. SYLLABUS BY THE COURT APPEAL AND ERROR — Decisions Reviewable — Matters as to Parties — Final Order. The order of a district court […]

27 P.3d 947 JOHN D. ALTEVOGT, Appellant, v. YOUTHFRIENDS and THE GREATER KANSAS CITY COMMUNITY FOUNDATION, Appellees. No. 86,485Court of Appeals of Kansas Opinion filed: July 20, 2001. SYLLABUS BY THE COURT PUBLIC RECORDS — Open Records Act — Jurisdiction of District Court in Mandamus Action to Compel Production of Documents. K.S.A. 45-222(a) is clear […]

62 P.3d 236 WAYNE MUDD, ERICA MUDD, and CONNOR MUDD, Surviving Spouse and Dependent Children of DEBRA SUE MUDD, Deceased, Claimants/Appellees, v. NEOSHO MEMORIAL REGIONAL MEDICAL CENTER, Respondent/Appellant, and KANSAS HOSPITAL ASSOCIATION WORKERS COMPENSATION FUND, INC., Insurance Carrier/Appellant. No. 89,091.Supreme Court of Kansas Opinion filed January 24, 2003. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — […]

426 P.2d 288 STATE OF KANSAS, Appellee, v. ROBERT LEE WILSON, a/k/a ROBERT LEE JACKSON, Appellant. No. 44,653Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Time of Trial — Effect of Breach of Statute. The provisions of K.S.A. 62-1301 are construed and applied and are held […]

35 P.3d 283 STATE OF KANSAS, Appellee, v. WILBUR R. McELROY, a/k/a WILBERT McELROY, Appellant. No. 84,724Court of Appeals of Kansas Opinion filed: November 30, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Eyewitness Identification — Spontaneous Identification at Crime Scene Is Not Result of Unnecessarily Suggestive Procedure. An eyewitness identification made spontaneously at […]

81 P.3d 442 STATE OF KANSAS, Appellee, v. DAVID CAMERON, Appellant. No. 90,083.Court of Appeals of Kansas. Opinion filed December 19, 2003. SYLLABUS BY THE COURTCRIMINAL LAW — Diversion — Revocation of Diversion Agreement — Not Appealable. Pursuant to K.S.A. 2002 Supp. 22-3602, a district court’s decision to revoke a diversion agreement is not an […]

451 P.2d 506 CHARLES HACKER, Appellee, v. BROOKOVER FEED YARD, INC., a Corporation, Appellant. No. 45,229Supreme Court of Kansas Opinion filed March 8, 1969. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Determining Whether Workman a Statutory Employee — Test. Generally speaking, the key question to be answered in deciding whether an injured workman is […]

415 P.2d 406 REPUBLIC NATURAL GAS COMPANY, a Dissolved Corporation, Appellant, v. LEONARD H. AXE, Director of Revenue of the Department of Revenue, State of Kansas, Substituted for WAYNE E. McCOY, Appellee. No. 44,475Supreme Court of Kansas Opinion filed June 11, 1966. SYLLABUS BY THE COURT 1. TAXATION — Income Tax — Federal Law Does […]

215 P.2d 152 ADDIS M. MAST, Appellee, v. THE CITY OF GALENA, a Municipal Corporation, Appellant. No. 37,783Supreme Court of Kansas Opinion filed February 28, 1950. SYLLABUS BY THE COURT MUNICIPAL CORPORATION — Liability for Defect in Parkway — Sufficiency of Petition. In an action for injuries alleged to have been sustained when plaintiff stepped […]

269 P.2d 1018 C.G. WHITSON (Contestor), Appellee and Cross-Appellant, v. ALBERT ROBERTS (Contestee), Appellant and Cross-Appellee. No. 39,240Supreme Court of Kansas Opinion filed May 8, 1954. SYLLABUS BY THE COURT ELECTIONS — Contests — Sufficiency of “Contest Statement.” In an action to contest an election for a county office, the record is examined and it […]

447 P.2d 823 MARION A. (SIEBERT) KRUEGER and DAVID D. SIEBERT, by his Mother and Next Friend and Natural Guardian, MARION A. (SIEBERT) KRUEGER, Appellants, 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, Appellees. No. 45,438Supreme Court of […]

464 P.2d 8 STATE OF KANSAS, Appellee, v. JAMES L. ALDRIDGE, Appellant. No. 45,536Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT CRIMINAL LAW — Pre-trial Identification — Cross-examination. The record is examined in an appeal from a conviction for burglary and larceny and it is held: (1) A pre-trial identification […]

624 P.2d 473 FRANK F. ECKDALL, II, Appellant, v. GLADYS NEGLEY, Appellee. No. 51,301Court of Appeals of Kansas Opinion filed March 6, 1981 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Record — Preserving Issue on Appeal. A party alleging error must make, preserve and present a record that will permit meaningful review of the […]

454 P.2d 427 DAISY P. OSMAN, Widow of Virgil C. Osman, Deceased, Appellee, v. CITY OF WICHITA, KANSAS (a Municipal Corporation), Appellant. No. 45,307Supreme Court of Kansas Opinion filed May 17, 1969. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Coronary Insufficiency — Death Caused by Accident Arising Out of and in Course of Employment. […]

770 P.2d 852 STATE OF KANSAS, Appellee, v. CLIFFORD H. BLOUNT, JR., Appellant. No. 62,093Court of Appeals of Kansas Opinion filed March 24, 1989 Petition for review denied June 6, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Victim’s Consent to Wrongful Touching Not Suggested by Victim’s Limited Freedom of Movement. A victim may […]

254 P.2d 282 R.C. MALIR and JOSEPH F. MALIR, Appellants, v. JOSEPHINE MAIXNER, Appellee. No. 38,758Supreme Court of Kansas Opinion filed March 7, 1953. SYLLABUS BY THE COURT SPECIFIC PERFORMANCE — Parol Evidence to Show Delivery — Admissibility — Sufficiency of Evidence. In an action for the specific performance of a written contract to convey […]

515 P.2d 748 STATE OF KANSAS, Appellee, v. DAVID ALLEN PETRIN, Appellant. No. 47,119Supreme Court of Kansas Opinion filed November 3, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Continuance — Extending Time. Where a continuance is authorized under K.S.A. 1972 Supp. 22-3402 (3), the court may extend the trial date to a time […]

439 P.2d 138 In the Matter of the Estate of Emma E. Blalock Parker, a/k/a Emma E. Parker, a/k/a Emma E. Blalock, Deceased. RUBY M. SCOTT, WILLIAM L. HARRINGTON and SHERMAN PARKS, ADMINISTRATOR DBN CTA, Appellees, v. MILTON M. PARKER, Appellant. No. 44,881Supreme Court of Kansas Opinion filed April 6, 1968. SYLLABUS OF THE COURT […]

507 P.2d 196 STATE OF KANSAS, Appellee, v. LARRY EUGENE McCOLLUM, Appellant. No. 46,959Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — When Defendant Must Be Brought to Trial. Under K.S.A. 1972 Supp. 22-3402 a person charged with a crime, and held in jail solely by reason […]

61 P.3d 676 STATE OF KANSAS, Appellee, v. MARTYN O. PRICE, Appellant. No. 86,243.Supreme Court of Kansas Opinion filed January 24, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Psychological Evaluation of Victim — When Accused Entitled to Such Evaluation — Trial Court Discretion — Appellate Review. An accused is entitled to an independent psychological […]

14 P.3d 437 TRAVIS WRIGHT, by and through his parents, MARY WRIGHT and WAYNE WRIGHT, Appellant/Cross-appellee, v. UNIFIED SCHOOL DISTRICT NO. 379, BENNY WALLACE, and KEITH GEORGE, Appellees/Cross-appellants. No. 84,038[1] Court of Appeals of Kansas Opinion filed: August 18, 2000. Petition for review denied 270 Kan. 904 (2000). [1] REPORTER’S NOTE: Previously filed as an […]

339 P.2d 29 In the Matter of the Accusation for Disbarment of JOHN N. STICE and (ROY S. TRAIL). No. 40,733Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT ATTORNEYS — Disbarment. The record in a disbarment proceeding, instituted pursuant to the provisions of G.S. 1949, 7-111, et seq., examined, and […]

79 P.3d 770 In the Matter of the Appeal of COLORADO INTERSTATE GAS COMPANY from a Decision of the Director of Property Valuation of the State of Kansas. No. 89,494.Supreme Court of Kansas. Opinion filed: November 7, 2003. SYLLABUS BY THE COURT1. TAXATION — Board of Tax Appeals — Valuation of Property — BOTA Not […]

266 P.2d 270 MAY REEDER MEEK, WILLIAM HUGHES, MARY EGBERT, BARNARD HUGHES, BERNICE SPRY, DEAN HUGHES, PHILIP HUGHES, CHARLES HUGHES, ELVINA HUGHES, LESTER HUGHES, FRANK HUGHES, CONNARD HUGHES, BLANCH FRANCKE, HARLEY BENJAMIN VAN CLEAVE, OLIVE LOUISE WOOD, and GRACE W. DONNER, Appellants, v. EARL AMES, MARY JANE JEFFRESS, and CLARIBEL JEFFRESS, Appellees. No. 39,131Supreme Court […]

440 P.2d 626 GLEN N. LAWRENCE and HELEN H. LAWRENCE, Appellants, v. PAUL R. SLOAN and HOWARD E. SLOAN, Appellees. No. 45,013Supreme Court of Kansas Opinion filed May 11, 1968. SYLLABUS BY THE COURT 1. EVIDENCE — Parol Evidence Rule — Written Contract Complete and Unambiguous — Prior Contemporaneous Agreements Inadmissible. Where parties carry on […]

809 P.2d 8 KRISTIE AGUIRRE, a Minor, by and through her natural mother and next friend, TAMMY AGUIRRE, Appellant, v. WILLIAM and BETTY ADAMS, Individually and d/b/a Bruce Apartments, Appellees. No. 65,727Court of Appeals of Kansas Opinion filed April 12, 1991 SYLLABUS BY THE COURT NEGLIGENCE — Landlord’s Failure to Supply Hot Water to Tenant’s […]

231 P.2d 209 KENNETH E. TAGUE, Appellant, v. R.D. HUDSPETH, Warden, Kansas State Penitentiary, et al., Appellees. KENNETH E. TAGUE, Petitioner, v. R.D. HUDSPETH, Warden, Kansas State Penitentiary, et al., Respondents. Nos. 38,311, 38,323Supreme Court of Kansas Opinion filed May 12, 1951. SYLLABUS BY THE COURT 1. STATUTES — Repeal by Implication. Repeals by implication […]

552 P.2d 969 MAURICE MELTON, Appellant, v. STATE OF KANSAS, Appellee. No. 48,145Supreme Court of Kansas Opinion filed July 23, 1976. MEMORANDUM OPINION CRIMINAL LAW — Post Conviction Motion — No Substitute for Second Appeal. Appeal from Montgomery district court; DAVID H. SCOTT, judge. Opinion filed July 23, 1976. Affirmed. Ray A. Neale, of Coffeyville, […]

360 P.2d 1089 SUPPLY SERVICE, INC., Appellant, v. JENSON CONSTRUCTION COMPANY, INC., and TRAVELERS INDEMNITY COMPANY, a Corporation, Appellees. No. 42,195Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT MECHANIC’S LIENS — Failure to File Materialmen’s Bond — Limitation of Actions. Where a bond is executed and delivered to the proper […]

532 P.2d 1301 IN RE PAUL BIRDSONG (STATE OF KANSAS, Appellee, v. ED MUFICH, Defendant, PAUL BIRDSONG Respondent in Contempt Proceedings, Appellant.) No. 47,394Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Right to Compel Residents to Testify — Necessary to Protect Public Interest. State and federal […]

117 P.3d 151 STATE v. WHITNEY. No. 93,214.Court of Appeals of Kansas. August 12, 2005. Appeal from Pratt. Decision without published opinion. Affirmed.

416 P.2d 259 STATE OF KANSAS, ex rel. ROBERT C. LONDERHOLM, Attorney General, and KEITH SANBORN, County Attorney of Sedgwick County, Kansas, Appellees, v. CLARK V. OWENS, as Judge of the Juvenile Court of Sedgwick County, Kansas, Appellant. No. 44,620Supreme Court of Kansas Opinion filed June 28, 1966. SYLLABUS BY THE COURT 1. JUVENILE DELINQUENTS […]

245 P.2d 1177 STATE OF KANSAS, Appellee, v. ELMER STREETER, Appellant. No. 38,605Supreme Court of Kansas Opinion filed July 3, 1952. SYLLABUS BY THE COURT CRIMINAL LAW — Crime Against Nature — Instructions — Sufficiency of Evidence. Assignments of error relating to admission of evidence, instructions given and refused, and sufficiency of evidence to sustain […]

143 P.3d 695 STATE OF KANSAS, Appellee, v. JAIME RAUL LOPEZ, III, Appellant. No. 93,560.Court of Appeals of Kansas. Opinion filed October 13, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Circumstantial Evidence — Sufficiency of Evidence to Sustain Conviction — A reasonable inference of guilt may be established by circumstantial evidence; Kansas case law […]

54 P.3d 518 THOMAS LEWIS HEARST, Appellant, v. STATE OF KANSAS, et al., Appellees. No. 88,214Court of Appeals of Kansas Opinion filed: September 13, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Parole — Violation of Parole — Written Notice to Parolee. Kansas statutes and regulations require that the written charges of a parole […]

257 P.2d 1107 JORDAN MacDOUGALL, A Minor, by Her Next Friend, Catherine M. MacDougall, Appellee, v. DR. DAMON O. WALTHALL, Administrator of the Estate of John Daniel Walthall, Deceased, Appellant. FRED N. PIERSON, Administrator of the Estate of Natalie Pierson, Deceased, Appellee, v. DR. DAMON O. WALTHALL, Administrator of the Estate of John Daniel Walthall, […]

108 P.3d 1010 STATE OF KANSAS, Appellee, v. CAROL JOANN DYER, Appellant. No. 91,447.Court of Appeals of Kansas. Opinion filed April 1, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Restitution — Appellate Review. An appellate court reviews the amount of restitution ordered in a criminal case using the abuse of discretion standard. […]

712 P.2d 1253 STATE OF KANSAS, Appellee, v. LAWRENCE N. BOOZE, Appellant. Nos. 58,004 and 58,005Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence — Enhancement of Sentence for Second Offender — Statutory Construction. To enhance the sentence of a defendant as a second […]

940 P.2d 1158 MLK, INC., d/b/a METRO CONSTRUCTION ASSOCIATES, Appellant, v. UNIVERSITY OF KANSAS and STATE OF KANSAS, Appellees. No. 74,515[1] Court of Appeals of Kansas Opinion filed February 28, 1997 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion the Supreme Court granted a motion to publish by an order dated April 30, 1997, […]

149 P.3d 543 STATE OF KANSAS, Appellee, v. JIMMIE D. BARNES, Appellant. No. 95,939.Court of Appeals of Kansas. Opinion filed January 19, 2007. SYLLABUS BY THE COURT1. APPELLATE REVIEW — Jurisdiction of Appellate Court — Dismissal of appeal for Lack of Jurisdiction. An appellate court’s jurisdiction is defined by law. An appellate court must dismiss […]

811 P.2d 1254 In the Matter of MAURICE E. VORHIES, Respondent. No. 66,032Supreme Court of Kansas Opinion filed May 24, 1991 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed May 24, 1991. Indefinite suspension. Stanton A. Hazlett, deputy disciplinary administrator, and Bruce E. Miller, […]

252 P.2d 616 R.V. STEVENS, Doing Business as Stevens Well Service, Appellant, v. STAG DRILLING, INC., a Corporation, Appellee. No. 38,765Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT PRINCIPAL AND AGENT — Proof of Agency. In an action for services alleged to have been performed on an oil well, the […]

747 P.2d 781 In the Matter of the Application of INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS, BLACKSMITHS, FORGERS and HELPERS for Exemption from Ad Valorem Taxation in Wyandotte County, Kansas. No. 60,525Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. TAXATION — Exemption — Burden of Proof. The party […]

770 P.2d 447 STATE OF KANSAS, Appellee, v. JOHN F. CLEMENTS, JR., Appellant. No. 61,563Supreme Court of Kansas Opinion filed March 3, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Constitutional and Statutory Mandates. Under the Sixth Amendment to the Constitution of the the United States and § 10 of the […]

665 P.2d 1108 FIDELITY SAVINGS ASSOCIATION OF KANSAS, Appellee, v. BERNIE T. WITT, III, et al., Defendants; FISHER LUMBER COMPANY, INC., C.A.P. SERVICE CO., and THE WALT KEELER COMPANY, INC., Defendants, Appellants, BUCK ALLEY LUMBER, INC., Defendant, Cross-appellant, and AIR CAPITOL SERVICE CORPORATION, Defendant, Appellee. No. 53,802Court of Appeals of Kansas Opinion filed February 3, […]

618 P.2d 1201 STATE OF KANSAS, Appellee, v. JOE SHOEMAKE, Appellant. No. 51,857Supreme Court of Kansas Opinion filed November 1, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Robbery — Separate Charges Allowed for Taking of Property from Each Victim. Where, in the course of the robbery of a business establishment, several employees are […]

403 P.2d 996 THE STATE OF KANSAS, Appellee, v. CLAUDE M. CARPENTER, JR., Appellant. No. 42,817Supreme Court of Kansas Opinion filed July 10, 1965. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — What Trial Errors Include. Trial errors include, but are not limited to, rulings of the district court with respect to the admission […]

239 P.2d 827 VICTOR P. STEINMEYER, Appellant, v. EDWARD BARNETT and GEORGE BARNETT, a Partnership doing business as Barnett Company, Appellees. No. 38,357Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT APPEAL AND ERROR — Time for Appeal. A motion for a new trial was overruled on November 8, 1950, the […]

840 P.2d 443 SCOTT B. CURRY, Appellee, v. WILLIAM P. KLEIN, Appellant. No. 66,320Supreme Court of Kansas Opinion filed October 30, 1992. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Physical or Mental Examination of Party — Order by Trial Court. K.S.A. 60-235 vests a trial court with broad discretion in determining whether or not […]

545 P.2d 1115 LLOYD M. DAVIES and AUDREY M. DAVIES, et al., Appellants, v. CITY OF LAWRENCE, KANSAS, a Municipal Corporation, Appellee. No. 47,780Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Improvements — Legislative Intent to Include Sidewalks. K.S.A. 12-6a01, et seq., grants broad authority for […]

803 P.2d 1030 STATE OF KANSAS, Appellee, v. STEPHANIE URBANEK, Appellant. No. 64,978Court of Appeals of Kansas Opinion filed December 21, 1990 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Parole — Term Defined. Under the facts of this case, parole “means the release by a court of competent jurisdiction of a person confined in […]

8 P.3d 33 HEATHER SHELLEY, Appellee/Cross-Appellant, v. STATE OF KANSAS, DEPARTMENT OF HUMAN RESOURCES and DEPARTMENT OF ADMINISTRATION, Appellants/Cross-Appellees. No. 82,260Court of Appeals of Kansas Opinion filed July 14, 2000. SYLLABUS BY THE COURT 1. PUBLIC OFFICERS AND EMPLOYEES — Longevity Pay — Eligibility of State Employee. An employee of the State of Kansas is […]

566 P.2d 21 FEDERAL NATIONAL MORTGAGE ASSOCIATION, a Corporation, Plaintiff, v. PAT ELLIOTT, Appellee, and WICHITA INVESTORS GROUP, INC., Appellant. No. 48,390Court of Appeals of Kansas Opinion filed May 27, 1977 SYLLABUS BY THE COURT 1. DIVORCE — Property Division — Decree Terminated Joint Tenancy and Created Tenancy in Common. When a divorce decree grants […]

615 P.2d 138 STATE OF KANSAS, Appellee, v. KENNETH HUTCHISON, Appellant. No. 51,266Supreme Court of Kansas Opinion filed July 18, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession — Redaction of Incriminating References to Codefendant — Bruton Rule. Whether the editing of a confession or a statement of a codefendant by excising all […]

115 P.3d 794 STERLING-STEWART v. U.S.D. No. 93,101.Court of Appeals of Kansas. July 22, 2005. Appeal from Workers Compensation Board. Decision without published opinion. Affirmed.

839 P.2d 49 BARBARA HELMICK, Appellant, v. KANSAS EMPLOYMENT SECURITY BOARD OF REVIEW and UNIFIED SCHOOL DISTRICT No. 349, STAFFORD COUNTY, KANSAS, Appellees. No. 67,371Court of Appeals of Kansas Opinion filed September 18, 1992 SYLLABUS BY THE COURT EMPLOYMENT SECURITY LAW — Unemployment Compensation Benefits — Single Instance of Employee Misconduct May Disqualify Employee from […]

104 P.3d 997 LEE BUILDERS, INC., Appellee/Cross-appellant, v. FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant/Cross-appellee. No. 90,944.Court of Appeals of Kansas. Opinion filed January 28, 2005. Petition for review granted 279 Kan. 1006 (2005). SYLLABUS BY THE COURT1. INSURANCE — “Accident” in Policy Construed — Interpretation by Court When Word Not Defined in Insurance Policy — […]

981 P.2d 1165 THOMAS GILLICK, Appellee, v. BRITE VOICE SYSTEMS, INC., Appellant. No. 81,403Supreme Court of Kansas Opinion Filed May 28, 1999. SYLLABUS BY THE COURT EMPLOYER AND EMPLOYEE — Interest Penalty on Commissions Owed — Breach of Settlement Agreement — release — Estoppel — Attorney Fees. In a case involving an award of a […]

147 P.3d 115 STATE OF KANSAS, Appellee, v. MIKKEL D. PARKER, Appellant. No. 92,541.Supreme Court of Kansas. Opinion filed December 8, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Suppression of Evidence — Appellate Review. An appellate court reviews a defendant’s request to suppress evidence using a bifurcated standard. The factual underpinnings are reviewed […]

654 P.2d 453 STATE OF KANSAS, Appellee, v. TOMMY L. THOMPSON, a/k/a LESLIE S. THOMPSON, Appellant. No. 54,219Supreme Court of Kansas Opinion filed December 3, 1982. SYLLABUS BY THE COURT CRIMINAL LAW — Kidnapping and Rape — Photographic Lineup — Denial of Request for Personal Lineup — Late Endorsement of Witness by State — Voir […]

589 P.2d 570 MARCOTTE REALTY AUCTION, INC., Appellant, v. MELVIN SCHUMACHER, AND SCHUMACHER BROTHERS, INC., Appellee. No. 49,040Supreme Court of Kansas Opinion filed January 20, 1979. SYLLABUS BY THE COURT 1. AGENCY — Seller-Broker Relationship. The relationship between a seller and a broker is one of agency. 2. REAL PROPERTY — Oral Agreement between Seller […]

865 P.2d 1044 STEVEN W. HORSCH and JANE E. HORSCH, Appellees, v. THE TERMINIX INTERNATIONAL COMPANY, LIMITED PARTNERSHIP, Appellant. No. 69,228Court of Appeals of Kansas Opinion filed December 23, 1993 Petition for review denied 254 Kan. 1007 (1994). SYLLABUS BY THE COURT 1. TORTS — Negligent Termite Inspection — Damages — Admissibility of Expert Testimony […]

454 P.2d 724 STATE OF KANSAS, Appellee, v. LEONARD W. YOUNG, Appellant. No. 45,281Supreme Court of Kansas Opinion filed May 17, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion for Supporting Services — Judicial Discretion. The granting or denying of a motion to provide supporting services to counsel for an indigent defendant is […]

98 P.3d 672 STATE v. MAYO. No. 91,269.Court of Appeals of Kansas October 8, 2004. Appeal from the Sumner. Decision without published opinion. Affirmed.

352 P.2d 70 UNITED STATES FIDELITY GUARANTY COMPANY, a Corporation, Appellant and Cross Appellee, v. MARYLAND CASUALTY COMPANY, a Corporation, Appellee and Cross Appellant. No. 41,800Supreme Court of Kansas Opinion filed May 14, 1960. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Subrogation — Jurisdiction — Sufficiency of Petition. In an action by one workmen’s […]

381 P.2d 353 ST. FRANCIS HOSPITAL AND SCHOOL OF NURSING, INC., a Corporation, Appellant, v. NINA NADINE LANE and MRS. EUGENE FREEMAN, Appellees. No. 43,164Supreme Court of Kansas Opinion filed May 11, 1963. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Notice of Appeal — Adverse Parties. Following In re Estate of Weaver, 170 […]

263 P.2d 226 MILDRED L. HUGHES, et al., Appellees, v. G.H. KERFOOT, et al., Appellees, and ELIAS E. OWEN, Appellant. No. 38,944Supreme Court of Kansas Opinion filed November 7, 1953. SYLLABUS BY THE COURT 1. ALIENS — “Eligible to Citizenship” — Statutes Construed. The word “eligible” in the language, “All aliens eligible to citizenship under […]

950 P.2d 713 In the Matter of JAMES L. FARMER, Respondent. No. 79,237.Supreme Court of Kansas Opinion filed December 12, 1997. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed December 12, 1997. Indefinite suspension. Stanton A. Hazlett, disciplinary administrator, argued the cause and was […]

967 P.2d 348 JAMES M. SOURS, Appellant, v. ROLLIN RUSSELL, Defendant, and AMERICAN STATES INSURANCE COMPANY, Appellee. No. 77,335, No. 77,682Court of Appeals of Kansas Opinion filed November 13, 1998. Petition for review denied 267 Kan. 887 (1999) SYLLABUS BY THE COURT 1. DAMAGES — Breach of Warranty — Proof — Measure of Damages. As […]

174 P.3d 895 STATE OF KANSAS, Appellee/Cross-appellant, v. KENNETH E. LOWDEN, Appellant/Cross-appellee. Nos. 95,564, 95,664.Court of Appeals of Kansas. January 11, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Indecent Solicitation of a Child Compared to Aggravated Indecent Solicitation of a Child. The sole difference in the relevant portions of the statutes for indecent solicitation […]

710 P.2d 1297 PROFESSIONAL LENS PLAN, INC., Plaintiff-Appellant, v. POLARIS LEASING CORPORATION, Defendant and Third Party Plaintiff-Appellee, v. IMPACT SYSTEMS, a corporation, and OHIO SCIENTIFIC, a corporation, and OKIDATA CORPORATION, Third Party Defendants-Appellees. No. 57,947Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — When Proper. Summary judgment […]

97 P.3d 1060 IN THE MATTER OF THE MARRIAGE OF SHERRI A. ALLEN, n/k/a CLARK, Appellant, and ERIC A. ALLEN, Appellee. No. 91,676.Court of Appeals of Kansas. Opinion filed September 24, 2004. Petition for review denied 278 Kan. 845 (2005). SYLLABUS BY THE COURT1. DIVORCE — Child Custody — Testimony of Child in Court — […]

866 P.2d 1052 DARRELL EDWARD MYERS, JR., Appellee, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellant. No. 68,770Supreme Court of Kansas Opinion filed January 21, 1994. SYLLABUS BY THE COURT 1. WILLS — Construction — Rules. Rules and principles for the construction of language in a will or trust are stated and applied. 2. […]

389 P.2d 818 In the Matter of the Estate of Ida Pearl Winters, Deceased. OTA ROBIE, Appellant, v. H.H. SNYDER, Administrator, AGNES McCAULEY, DOROTHY BAUMAN, FLOSSIE J. SCHIPP, ALICE ARTZBERGER, HARRY S.M. BATES, JR., DOROTHY RUSSEL, LIZZIE ROADY, STELLA MALONEY, VIRGINIA JOHNSON and KENNETH SHRIVER, Appellees. No. 43,426Supreme Court of Kansas Opinion filed March 7, […]