Category: Kansas Court Opinions

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 […]

630 P.2d 711 STATE OF KANSAS, Respondent, v. ANTHONY R. RUSSO, Petitioner. No. 47,563Supreme Court of Kansas Opinion filed June 29, 1981. SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Board for Discipline of Attorneys — Recommendations as to Discipline or Reinstatement — Advisory Only. In a disciplinary or reinstatement proceeding involving the practice […]

680 P.2d 257 STATE OF KANSAS, Plaintiff-Appellant, v. CHESTER NEWMAN, Defendant-Appellee. No. 55,037Supreme Court of Kansas Opinion filed March 24, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Interlocutory Appeal by State from Pretrial Order Which Excludes State’s Evidence. Under K.S.A. 22-3603, pretrial orders of a district court which exclude State’s evidence so as […]

614 P.2d 461 TOPEKA RAILWAY EQUIPMENT, INC., Appellant, v. FOREMOST INSURANCE COMPANY, Appellee. No. 50,754Court of Appeals of Kansas Opinion filed July 18, 1980 SYLLABUS BY THE COURT 1. INSURANCE — Intent of Parties to Contract — Test Applied. In determining the intention of the parties to a contract of insurance, the test is not […]

535 P.2d 988 STATE OF KANSAS, Appellee, v. RAYMOND R. GONZALES, Appellant. No. 47,652Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT CRIMINAL LAW — Evidence of Similar Offenses — Instructions. The record is examined in an action wherein defendant was convicted of rape and it is held the trial court […]

212 P.2d 227 OSCAR E. MEHL and GEORGE E. MEHL, doing business as Mehl Bros. Sheet Metal Works, Appellees, v. ORVIL W. CARTER, doing business as Carter Auto and Electric Supply, Appellant. and HARRY M. BOYD and IRENE BOYD, F.G. MORRIS and BELVA MORRIS, doing business as Downtown Pontiac, Appellees, v. ORVIL W. CARTER, doing […]

703 P.2d 793 In the Matter of the Estate of Burneta Adair, Deceased. No. 57,378Supreme Court of Kansas Opinion filed July 26, 1985. SYLLABUS BY THE COURT 1. WILLS — Federal Estate Tax — Intent of Decedent — Payment of Tax from Residuary Estate. Under Kansas law, in the absence of expressed intent to the […]

556 P.2d 371 THE STATE OF KANSAS, Appellee, v. ROBERT W. ALDERSHOF, Appellant. No. 48,314Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Robbery by Forcibly Taking Money. To constitute the crime of robbery by forcibly taking money from the person of its owner, it is necessary […]

986 P.2d 377 DANISCO INGREDIENTS USA, INC., Appellee, v. KANSAS CITY POWER LIGHT COMPANY, Appellant. No. 82,266Supreme Court of Kansas Opinion filed July 9, 1999 SYLLABUS BY THE COURT 1. PUBLIC UTILITIES — Tariff Filing Requirement. Public utilities in this state are required to file their tariffs with the Kansas Corporation Commission (KCC). 2. SAME […]

391 P.2d 313 CARL L. SCHMATJEN d/b/a CARL’S LIQUID FEED SERVICE, Appellee, v. J.T. ALEXANDER, Appellant, and DONALD ALEXANDER, Defendant. No. 43,599Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT 1. TRIAL — Motion for Directed Verdict — Construction — When Evidence Undisputed — Duty of Court. In reviewing the propriety […]

826 P.2d 1355 STATE OF KANSAS, Appellee, v. SHERMAN C. EDWARDS and WANDA J. EDWARDS, Appellants. No. 65,626Supreme Court of Kansas Opinion filed February 28, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Making a False Writing — Knowledge Is Essential Element of Crime. Knowledge is an essential element of the offense of making […]

533 P.2d 1249 LOREN CARRICK, Appellee and Cross-appellant, v. B.J. McFADDEN, Appellant and Cross-appellee, and RONALD McFADDEN, Cross-appellee. No. 47,484Supreme Court of Kansas Opinion filed April 5, 1975. SYLLABUS BY THE COURT 1. EVIDENCE — Assault and Battery — Evidence as to the Aggressor — Admissibility. Where, in an action based on assault and battery, […]

967 P.2d 312 HENRY GONZALES, Individually and on Behalf of All Others Similarly Situated, Appellant, v. ASSOCIATES FINANCIAL SERVICE COMPANY OF KANSAS, INC., Appellee. No. 78,944Supreme Court of Kansas Opinion filed November 6, 1998. SYLLABUS BY THE COURT UNIFORM CONSUMER CREDIT CODE — Finance Charge for Consumer Credit Sale — Kansas Statute Allows Nonrefundable Prepaid […]

575 P.2d 30 STATE OF KANSAS, Appellee, v. JESSIE B. MARTINEZ, Appellant. No. 48,896Supreme Court of Kansas Opinion filed February 25, 1978. MEMORANDUM OPINION CRIMINAL LAW — Murder — No Error in Admitting Exculpatory Statement — Photographic Slides Admissible — Sufficiency of Evidence — Instructions. Appeal from Finney district court; BERT J. VANCE, judge. Opinion […]

357 P.2d 804 DELLA CONNELL, Appellee, v. NORTON COCA-COLA BOTTLING COMPANY, INC., Appellant. No. 41,869Supreme Court of Kansas Opinion filed December 10, 1960. SYLLABUS BY THE COURT 1. TRIAL — Motion for Judgment on Opening Statement — When Motion Will Lie. The general rule is that no judgment can be rendered on an opening statement […]

996 P.2d 371 STATE OF KANSAS, ex rel., CARLA J. STOVALL, Attorney General, Appellee, v. DAN MARTINEZ, d/b/a INSURANCE CLAIMS CONSULTANTS, INC., Appellant. No. 81,119Court of Appeals of Kansas Opinion filed: February 11, 2000. Petition for review denied 269 Kan. 938 (2000). SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Trial Court’s Findings of […]

313 P.2d 740 J.A. RODGERS, Appellee, v. ARAPAHOE PIPE LINE COMPANY, a corporation; ENAMELEX CORPORATION OF TEXAS, a corporation; SINCLAIR PIPE LINE COMPANY, a corporation, and the affiliates and subsidiaries of said defendants, Arapahoe Pipe Line Company and Sinclair Pipe Line Company, Appellants. No. 40,577Supreme Court of Kansas Opinion filed July 3, 1957. SYLLABUS BY […]

186 P.3d 183 STATE, ex rel. STEPHEN N. SIX, ATTORNEY GENERAL, Appellant, v. KANSAS LOTTERY AND ED VAN PETTEN, Appellees. No. 99,957.Supreme Court of Kansas. Opinion filed June 27, 2008. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Authority of Governmental Agency — Attorney General Proper Authority to Bring Action Questioning Agency’s Authority. The attorney general […]

524 P.2d 721 GEORGE A. MOORE, RALPH A. PAGEL and GENEVIEVE C. PAGEL, his wife, Appellees, v. ALBERT BAYLESS and FLORENCE BAYLESS, his wife, WILLIAM HAID and DOREEN HAID, his wife, ROBERT HENRY and ANNIE HENRY, his wife, JOHN BAYLESS, RURAL WATER DISTRICT NO. 6, SHAWNEE COUNTY, KANSAS, DALE MOORE, WALTER SEASTROM and ALLEN WHITTEN, […]

170 P.3d 910 STATE OF KANSAS, Appellant, v. ANTHONY VASQUEZ, JR., Appellee. No. 96,690.Court of Appeals of Kansas. Opinion filed November 21, 2007. SYLLABUS BY THE COURT CRIMINAL LAW — Restitution — Court without jurisdiction over Unpaid Restitution Once Defendant Completes Period of Incarceration or Probation. Once an individual completes his or her period of […]

375 P.2d 585 STATE OF KANSAS, Appellee, v. SCOTT MAYS EMORY, Alias EMORY MAYS SCOTT, Alias SCOTT MAYS STANFIELD, Appellant. No. 42,888Supreme Court of Kansas Opinion filed November 3, 1962. SYLLABUS BY THE COURT CRIMINAL LAW — Refusal to Take Lie Detector Test — Admissibility of Testimony — Prejudicial to Defense. In a criminal action […]

914 P.2d 574 In the Matter of JAMES MONROE MUNYON, V, Respondent. No. 75,359Supreme Court of Kansas Opinion filed April 19, 1996 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed April 19, 1996. Indefinite suspension. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, […]

638 P.2d 378 The Estate of Nancy Sue Schweizer, Deceased, ELIZABETH SUE ANDERSON, Administratrix, Appellant, v. In the Matter of the Estate of Roland E. Schweizer, Deceased, Appellee. No. 53,309Court of Appeals of Kansas Opinion filed December 23, 1981 SYLLABUS BY THE COURT 1. UNIFORM SIMULTANEOUS DEATH LAW — Application. The Uniform Simultaneous Death Law […]

345 P.2d 702 J.A. RODGERS, Appellee, v. ARAPAHOE PIPE LINE COMPANY, a corporation; ENAMELEX CORPORATION OF TEXAS, a corporation; SINCLAIR PIPE LINE COMPANY, a corporation, and the affiliates and subsidiaries of said defendants, Arapahoe Pipe Line Company and Sinclair Pipe Line Company, Appellants. No. 41,426Supreme Court of Kansas Opinion filed November 7, 1959. SYLLABUS BY […]

106 P.3d 515 STATE v. DROGE. No. 92,501.Court of Appeals of Kansas February 25, 2005. Appeal from the Harvey. Decision without published opinion. Affirmed.

604 P.2d 281 WICHITA GREAT EMPIRE BROADCASTING, INC., A Corporation, Plaintiff-Appellee, v. LLOYD L. GINGRICH, FRANCES L. GINGRICH, BANK OF COMMERCE, A Corporation, Defendants-Appellees, v. LOCKE ABSTRACT COMPANY, INC., and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Third-Party Defendants-Appellants. No. 50,244Court of Appeals of Kansas Opinion filed December 28, 1979 Petition for review denied March […]

428 P.2d 762 STATE OF KANSAS, Appellee, v. ELIJAH MORRIS McCORVEY, Appellant. No. 44,673Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT 1. TRIAL — Presentation of Proof — Judicial Discretion. The order in which competent and relevant testimony is admitted during the trial is largely within the discretion of the […]

564 P.2d 536 STATE OF KANSAS, Appellee, v. KENNY D. HAMILTON, Appellant. No. 48,489Supreme Court of Kansas Opinion filed May 14, 1977. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Privilege against Self-incrimination — Purpose of Privilege Stated. The privilege against self-incrimination protects an accused from being compelled to testify against himself or otherwise provide […]

242 P.2d 1061 MRS. DOROTHY E. MARTIN and GEORGE MARTIN, Appellants, v. CLIFFORD BRISBOIS, WILLIAM D. RAY, EMMA JEAN RAY and CLEO D. BRISBOIS, Appellees. No. 38,537Supreme Court of Kansas Opinion filed April 12, 1952. SYLLABUS BY THE COURT 1. DECLARATORY JUDGMENTS — Nature and Form of Suit. A suit under the declaratory judgment section […]

816 P.2d 409 JOYCE E. SCHAD Appellant/Cross-Appellee, v. HEARTHSTONE NURSING CENTER and TRAVELERS INSURANCE CO., Appellees/Cross-Appellants. No. 66,039Court of Appeals of Kansas Opinion filed September 6, 1991 Petition for review denied 250 Kan. 806 (1991). SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Permanent Partial General Disability — Determination of Extent of Disability. K.S.A. 1990 […]

607 P.2d 519 STATE OF KANSAS, Appellee, v. JAMES E. ANTWINE and MITCHELL McHENRY, Appellants. No. 50,906Court of Appeals of Kansas Opinion filed February 29, 1980 SYLLABUS BY THE COURT 1. EVIDENCE — Relevancy, Identification and Admission. The standards for relevancy, identification, and admission of physical evidence are discussed and applied. 2. APPEAL AND ERROR […]

298 P.2d 333 WILLIAM M. POLZIN, Appellee, v. NATIONAL COOPERATIVE REFINERY ASSOCIATION, a Corporation, Appellant. No. 39,966Supreme Court of Kansas Opinion filed June 9, 1956. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Extent of Appellate Jurisdiction. The supreme court has only such appellate jurisdiction as is conferred by statute pursuant to Art. 3, […]

310 P.2d 947 In re Estate of Pete Charowhas, Deceased. (PETE CHAROWHAS, JR., Appellant, v. HARLOW L. PRESTON, Executor, Appellee.) No. 40,501Supreme Court of Kansas Opinion filed May 11, 1957. SYLLABUS BY THE COURT WILLS — Estate in Fee Simple Created — Precatory Words — Taking Away and Cutting Down Gift. The record examined in […]

999 P.2d 930 GENE DELANEY, Appellant, v. DEERE AND COMPANY and JOHN DEERE LIMITED, Appellees. No. 82,630Supreme Court of Kansas Opinion filed: March 10, 2000. SYLLABUS BY THE COURT TORTS — Products Liability — Manufacturer’s Warning — Product’s Defective Design or Condition — Kansas Rejects Comments to Sections of Restatement (Second or Third) of Torts. […]

422 P.2d 871 MICHAEL BRUCE DONALDSON, Appellant, v. NANCY K. DONALDSON, Appellee. No. 44,604Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS BY THE COURT DIVORCE — Visitation Rights Denied — No Abuse of Discretion. The record in a divorce proceeding is examined and it is held: There is no showing of abuse of […]

732 P.2d 775 NORTHWEST CENTRAL PIPELINE CORPORATION; COLORADO INTERSTATE GAS COMPANY; AMOCO PRODUCTION COMPANY; and K N ENERGY, INC.; Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS; MICHAEL LENNEN, Chairman; RICHARD C. (PETE) LOUX, Commissioner; PHILLIP R. DICK, Commissioner; and their respective successors in office; Appellees. No. 56,917[1] Supreme Court of Kansas […]

774 P.2d 355 DAN ADAMS, Appellant, v. JOHN DEERE COMPANY, Appellee. No. 62,943Court of Appeals of Kansas Opinion filed May 12, 1989 SYLLABUS BY THE COURT 1. CONTRACTS — Unconscionable Contract — Burden of Proof on Party Attacking Contract. A contractual clause is not unconscionable as a matter of law unless it is against public […]

402 P.2d 802 TOPEKA PRESBYTERIAN MANOR, INC., a corporation, Appellee, v. BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS; DAROLD MAIN, JOHN R. HILLER, and RICHARD B. HANGER, as Commissioners Thereof; MYRON H. CUSHMAN, County Clerk of Shawnee County, Kansas; JOHN TOWLE, County Assessor of Shawnee County, Kansas; and M.F. LEONARD, Treasurer of Shawnee County, […]

559 P.2d 810 STATE OF KANSAS, Appellee, v. JIMMY ROBERTSON, Appellant. No. 48,344Supreme Court of Kansas Opinion filed January 22, 1977. SYLLABUS BY THE COURT 1. NEW TRIAL — Knowledge of Facts — Not Newly Discovered Evidence. When the facts are fully within the knowledge of the defendant at the time of his trial, they […]

369 P.2d 347 ROBERT A. WOODWARD, Appellee, v. CLARA MARIE WOODWARD, Appellant. No. 42,490Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT 1. JUDGMENTS — By Default — Failure to Plead Over After Special Plea to Jurisdiction Denied. A default judgment may be entered against a defendant where he fails to […]

282 P.2d 432 BEECH AIRCRAFT CORPORATION, Appellee, v. STATE COMMISSION OF REVENUE AND TAXATION, Appellant. No. 39,758Supreme Court of Kansas Opinion filed April 9, 1955. SYLLABUS BY THE COURT 1. TAXATION — Income Tax — Accrual Basis — When Income is Taxable. For purposes of Kansas income tax laws it may be said, as a […]

66 P.3d 915 STATE OF KANSAS, Appellee, v. RONALD L. DECKER, Appellant. No. 88,465.Supreme Court of Kansas Opinion filed April 18, 2003. SYLLABUS BY THE COURT1. TRIAL — Jury Instructions — Failure to Object to Instruction — Clearly Erroneous Standard of Review. Failure to object to an instruction at trial limits the standard of review […]

917 P.2d 1332 STATE OF KANSAS, Appellee, v. STANTON SHANE HOLT, Appellant. No. 73,397Supreme Court of Kansas Opinion filed May 31, 1996. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Jury Instructions — Appellate Review. Jury instructions are to be considered together and read as a whole without isolating any one instruction. If the […]

470 P.2d 762 LESLIE L. NEEDHAM, Appellee and Cross-Appellant, v. STANLEY E. YOUNG and GERALDINE M. YOUNG, Appellants. No. 45,732Supreme Court of Kansas Opinion filed June 13, 1970. SYLLABUS BY THE COURT 1. EXECUTIONS — Where Execution Shall Issue. Executions shall be issued only from the court in which the judgment is rendered. (K.S.A. 60-2202.) […]

228 P.2d 918 J.J. YODER and FANNIE YODER, Appellants, v. CITY OF HUTCHINSON, KANSAS, Appellee and Cross-Appellant. ELTON E. GILES, Appellant, v. CITY OF HUTCHINSON, KANSAS, Appellee and Cross-Appellant. JOHN W. BRADEN, Appellant, v. CITY OF HUTCHINSON, KANSAS, Appellee and Cross-Appellant. Nos. 38,060, 38,061, 38,062Supreme Court of Kansas Opinion filed March 20, 1951. SYLLABUS BY […]

237 P.2d 255 THE STATE OF KANSAS, Appellant, v. EDWARD LEROY CLARK, Appellee. No. 38,492Supreme Court of Kansas Opinion filed November 10, 1951. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal by State — Question Reserved by State. Under the provisions of G.S. 1949, 62-1703 (third), in order to reserve a question for presentation […]

124 P.3d 1083 KERN v. BLICK. No. 93,533.Court of Appeals of Kansas. December 23, 2005. Appeal from Shawnee. Decision without published opinion. Reversed and remanded for further proceedings.

551 P.2d 815 STATE OF KANSAS, Appellee, v. BILLY BARNES, Appellant. No. 47,929Supreme Court of Kansas Opinion filed June 12, 1976. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Search Incident to Arrest — Probable Cause for Arrest. It is fundamental that a search incidental to an arrest may not precede the arrest where […]

17 P.3d 317 STATE OF KANSAS, Appellee, v. QUINTON LAMAR HAYES, Appellant. No. 83,645Supreme Court of Kansas Opinion filed: January 26, 2001. SYLLABUS BY THE COURT CRIMINAL LAW — Juror’s Request for Transcript because He Did Not Hear Defendant’s Testimony — Error to Refuse to Grant Defendant’s Motion for Mistrial — Violation of Defendant’s Right […]

819 P.2d 1225 STATE OF KANSAS, Appellant, v. ROBBIE FITCH, Appellee. No. 66,165Supreme Court of Kansas Opinion filed October 25, 1991. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Arraignment a Prerequisite to Statutory Right. K.S.A. 22-3402 does not apply until the accused has been arraigned. If K.S.A. 22-3402 does not apply, […]

447 P.2d 403 STATE OF KANSAS, Appellee, v. OLIVER NICOLAY, Appellant. No. 45,137Supreme Court of Kansas Opinion filed December 7, 1968. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Continuance — Judicial Discretion. The granting of a continuance in a criminal prosecution rests largely in the discretion of the trial court and its ruling will […]

647 P.2d 328 In the Matter of JOHN W. NEWHART, Respondent. Bar Docket No. 3953Supreme Court of Kansas June 30, 1982 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. WHEREAS, John W. Newhart was admitted to the practice of law in the State of Kansas on June 24, 1948, and to the […]

552 P.2d 957 LARRY STEELE AND MAX STEELE, d/b/a STEELE FARMS, Appellants, v. PAUL E. HARRISON, D.D.S., Appellee. No. 48,041Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Scope of Review. On appeal it is not the function of the appellate court to weigh conflicting evidence, […]

219 P.2d 1063 WILLIAM J. SCHROEDER, Appellant, v. THE TEXAS COMPANY, a Corporation, MAGNOLIA PETROLEUM COMPANY, a Corporation, LION OIL COMPANY, a Corporation, ATLANTIC REFINING COMPANY, a Corporation, ARTNELL COMPANY, a Corporation, THE EWERS-SIMPSON OIL CORPORATION, a Corporation, GULF OIL CORPORATION, a Corporation, STANOLIND OIL AND GAS COMPANY, a Corporation, JOSEPH S. KANTOR, HERNDON DRILLING […]

433 P.2d 351 CITY OF WICHITA, KANSAS, Appellee, v. WILMA D. JENNINGS, Individually, and as Executrix of the Will of Earl D. Jennings, Deceased, Appellants. No. 44,732Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Purchase Price in Option — Admissibility. The purchase price in an option […]

105 P.3d 279 CLARK v. STATE. No. 92,411.Court of Appeals of Kansas February 4, 2005. Appeal from the Wyandotte. Decision without published opinion. Affirmed.

228 P.2d 678 RAY GERALD BARNES, Appellant, v. JESSIE DUNCAN and EDWARD DUNCAN, Wife and Husband, Appellees. No. 38,133Supreme Court of Kansas Opinion filed March 10, 1951. SYLLABUS BY THE COURT REPLEVIN — Action to Replevin Furniture — Definiteness of Judgment. In an action in replevin where the title to certain personal property was found […]

679 P.2d 206 PURITAN-BENNETT CORPORATION and PURITAN-BENNETT AERO SYSTEMS CO., Appellees, v. ROBERT J. RICHTER, Appellant. No. 56,065Supreme Court of Kansas Opinion filed March 24, 1984. SYLLABUS BY THE COURT 1. CONTRACTS — Employment Contract — Restrictive Covenant — Enforcement. In Kansas, it is well recognized that a restrictive covenant in an employment contract will […]

157 P.3d 666 In the Matter of the Marriage of CHERYL A. EVANS, Appellee, and JOHN W. EVANS, Appellant. No. 95,214.Court of Appeals of Kansas. Opinion filed May 18, 2007. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Appellate Review. Appellate courts have plenary review when interpreting a statute. 2. DIVORCE — Maintenance — Modification […]

701 P.2d 711 ROY N. BROWN, Appellant, v. LESTER ZACKERT, Appellee. No. 56,846Court of Appeals of Kansas Opinion filed June 27, 1985 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Voluntary Dismissal — Conditional Dismissal by Order of Court. A voluntary dismissal pursuant to K.S.A. 60-241(a)(2) may be conditioned on the payment of defendant’s costs […]

551 P.2d 835 RUSSELL ALEXANDER, Appellee, v. HAROLD ALEXANDER, Appellant. No. 47,985Supreme Court of Kansas Opinion filed June 12, 1976. Appeal from Clay district court, division No. 1; L.L. McLAUGHLIN, judge. Opinion filed June 12, 1976. Howard Harper, of Harper, Hornbaker, Abbott, and Hornbaker, of Junction City, argued the cause, and was on the brief […]

535 P.2d 419 KANSAS CITY STRUCTURAL STEEL COMPANY, Plaintiff-Appellant, v. L.G. BARCUS SONS, INC., Defendant-Appellee, and TRAVELERS INDEMNITY COMPANY, Defendant. No. 47,609Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. WORDS AND PHRASES — “Unless” a Subordinating Conjunction. The word “unless” is a subordinating conjunction in common usage, connecting a […]

62 P.3d 708Court of Appeals of Kansas November 16, 2001 Title Docket Appeal Date of Decision Number From Decision State v. Rouse 85687 Sumner 11/16/2001 Affirmed

180 P.3d 1068 STATE OF KANSAS, Appellee, v. KIRK L. ZEIT, Appellant. No. 98,192.Court of Appeals of Kansas. Opinion filed April 4, 2008. SYLLABUS BY THE COURT1. MOTOR VEHICLES — Registration of Vehicles — Self-propelled Crane Exempt from Registration. Self-propelled cranes are exempt from Kansas vehicle-registration requirements. Under K.S.A. 2007 Supp. 8-128(b), a self-propelled crane […]

736 P.2d 917 ATCHISON COUNTY FARMERS UNION CO-OP ASSOCIATION, Appellant, v. RAYMOND TURNBULL, Appellee. No. 59,833Supreme Court of Kansas Opinion filed May 1, 1987. SYLLABUS BY THE COURT 1. CORPORATIONS — Cooperative Association — Bylaws — Contractual Effect. Bylaws of a cooperative association organized under K.S.A. 17-1601 et seq. are a contract between the association […]

32 P.3d 1197 THE CIT GROUP/SALES FINANCING, INC., Appellee/Cross-Appellant, v. E-Z PAY USED CARS, INC., d/b/a NORTHTOWN TRUCK AND AUTO, AND PAUL K. COLYER, Appellants/Cross-Appellees. No. 85,788Court of Appeals of Kansas Opinion filed: August 24, 2001. SYLLABUS BY THE COURT 1. CONTRACTS — Illusory Contract — Discretionary Duty Stated with Contract — Enforceability. A contract […]

580 P.2d 882 GLEN BECK, a/k/a GLEN L. BECK, d/b/a G.I. IMPLEMENT CO., Appellant, v. KEITH BROOKS and GERTRUDE E. BROOKS, Appellees. No. 48,617Supreme Court of Kansas Opinion filed July 15, 1978. SYLLABUS BY THE COURT 1. MORTGAGES — Equitable Mortgage — Loan Secured by Defective Mortgage on Land. Where one party advances money to […]

111 P.3d 651 IN THE MATTER OF THE ADOPTION OF B.G.J. No. 91,997.Court of Appeals of Kansas. Opinion filed May 13, 2005. Petition for review granted 280 Kan. ___ (September 20, 2005). SYLLABUS BY THE COURT1. PARENT AND CHILD — Indian Child Welfare Act — Federal Criteria for Removal and Placement of Indian Child. The […]

255 P.3d 1218 THREE KINGS HOLDINGS, L.L.C., and COBRA CREW, L.L.C., Appellants, v. STEPHEN SIX, KANSAS ATTORNEY GENERAL; PATRICK MARTIN, CHIEF COUNSEL, KANSAS RACING AND GAMING COMMISSION; NOLA FOULSTON, SEDGWICK COUNTY DISTRICT ATTORNEY; and GARY REBENSTORF, CITY ATTORNEY FOR THE CITY OF WICHITA, Appellees. No. 103,457.Court of Appeals of Kansas. Opinion filed June 10, 2011. […]

187 P.3d 1283 STATE OF KANSAS, Appellant, v. LARHON COOK, Appellee. No. 98,671.Supreme Court of Kansas. Opinion filed July 25, 2008. SYLLABUS OF THE COURT1. STATUTES — Constitutionality. A statute is not unconstitutional as applied unless it is clear beyond a reasonable doubt that the statute infringes on constitutionally protected rights. 2. CONSTITUTIONAL LAW — […]

421 P.2d 8 O.J. CONNELL, JR., Appellant, v. RENO CONSTRUCTION COMPANY, INC., a Kansas Corporation, and JAMES (JIM) WATSON, and THE STATE HIGHWAY COMMISSION OF KANSAS (Intervenor), Appellees. No. 44,587Supreme Court of Kansas Opinion filed December 10, 1966. SYLLABUS BY THE COURT APPEAL AND ERROR — Damages for Loss of Rights in Land — Rights […]

940 P.2d 37 IN THE MATTER OF JEFFREY LYNN BAXTER, Respondent. No. 78,042Supreme Court of Kansas Opinion filed May 30, 1997 ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two-year Supervised Probation. Original proceeding in discipline. Opinion filed May 30, 1997. Two-year supervised probation. Marty M. Snyder, deputy disciplinary administrator, argued the […]

246 P.2d 345 HAROLD L. HAMMOND, Appellant, v. R.P. BRINKMAN, County Clerk of the County of Johnson in the State of Kansas, Appellee. No. 38,909Supreme Court of Kansas Opinion filed July 29, 1952. SYLLABUS BY THE COURT UNITED STATES — Property — Transfer of Jurisdiction to National Housing Agency — Right to Register as Qualified […]

586 P.2d 1386 STATE OF KANSAS, Appellee, v. RICHARD A. GARTON, Appellant. No. 49,905Court of Appeals of Kansas Opinion filed December 1, 1978 SYLLABUS BY THE COURT 1. AUTOMOBILES — Habitual Violator of Traffic Laws — Prosecution “Forthwith” Interpreted. The term forthwith as used in K.S.A. 8-286 does not mean immediately and is not susceptible […]

219 P.2d 659 DORADEEN PERRY, an incompetent, by ALVA B. PERRY, Her Father and Next Friend, Appellee, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellant. No. 37,891Supreme Court of Kansas Opinion filed June 10, 1950. SYLLABUS BY THE COURT 1. INCOMPETENT PERSONS — Action by Next Friend — Real Party in Interest — Statute Construed. […]

9 P.3d 600 DONALD McKINNEY, Appellant, v. STATE OF KANSAS, Appellee. No. 83,247Court of Appeals of Kansas Opinion filed July 28, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Calculation of Release Dates Department of Correction. Calculation of release dates is the responsibility of the Department of Corrections. 2. HABEAS CORPUS — […]

439 P.2d 131 CARL E. LEWIS, Appellee, v. MELVIN E. DOAN and MELVIN E. DOAN, Father and Natural Guardian and Next Friend of LOREN W. DOAN, a Minor, and LOREN W. DOAN, Appellants. No. 44,998Supreme Court of Kansas Opinion filed April 6, 1968. SYLLABUS BY THE COURT JUDGMENTS — Default Judgment Not Irregularly Obtained — […]

561 P.2d 420 TAMARA SPAULDING, Appellee, v. JOHN S. SPAULDING, Appellant. No. 48,126Supreme Court of Kansas Opinion filed March 5, 1977. SYLLABUS BY THE COURT 1. JUDGMENTS — Separation Agreement — Motion to Modify — Agreement Incorporated into Judgment — Effect. A party who seeks and obtains from a trial court its approval of a […]

502 P.2d 837 DR. JOHN E. FIESER, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A Corporation, Appellee. No. 46,602Supreme Court of Kansas Opinion filed November 4, 1972. MEMORANDUM OPINION INSURANCE — Several Automobile Liability Policies — Action to Recover Medical Payments. Appeal from Sedgwick district court, division No. 6; ROBERT STEPHAN, judge. Opinion filed […]

249 P.2d 679 OLIVER P. ALLEN, Appellee, v. R.W. BOWLING, Appellant. No. 38,702Supreme Court of Kansas Opinion filed November 8, 1952. SYLLABUS BY THE COURT 1. CONTRACTS — Written Communications and Acts of Parties — Construction. The existence of an agreement and its terms may be ascertained from a combination of written communications and the […]

122 P.3d 838 KELLEY v. STATE. No. 93,525.Court of Appeals of Kansas. November 18, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.