Kansas Court Opinions – Page 208

CITIES SERVICE OIL CO. v. STATE BOARD OF EQUALIZATION, 199 Kan. 235 (1967)

428 P.2d 456 CITIES SERVICE OIL COMPANY, a Corporation, and ASHLAND OIL REFINING COMPANY, Appellants, v. STATE BOARD OF EQUALIZATION OF THE STATE OF KANSAS, et al, Appellees. CITIES SERVICE OIL COMPANY, a Corporation, and FOSTER PETROLEUM CORPORATION, Appellants, v. STATE BOARD OF EQUALIZATION OF THE STATE OF KANSAS, et al, Appellees. Nos. 44,776 and […]

BENSCHOTER v. FIRST NATIONAL BANK OF LAWRENCE, 218 Kan. 144 (1975)

542 P.2d 1042 DON BENSCHOTER, Appellant, v. FIRST NATIONAL BANK OF LAWRENCE, A Corporation, and KUHN TRUCK TRACTOR COMPANY, INC., A Corporation, Appellees. No. 47,761Supreme Court of Kansas Opinion filed November 8, 1975. SYLLABUS BY THE COURT 1. SECURED TRANSACTIONS — Self-help Repossession Does Not Violate Due Process — State Action Not Present. The self-help […]

STATE, EX REL., v. SHANAHAN, 183 Kan. 464 (1958)

327 P.2d 1042 THE STATE OF KANSAS, on the relation of John Anderson, Jr., Attorney General, Plaintiff, v. PAUL R. SHANAHAN, Secretary of State, State of Kansas, Defendant. No. 41,248Supreme Court of Kansas Opinion filed July 7, 1958. SYLLABUS BY THE COURT CONSTITUTIONAL LAW — Submitting Proposed Amendment — How Amendment Must be Printed on […]

STATE v. OLIVER, 39 Kan. App. 2d 1045 (2008)

186 P.3d 1220 STATE OF KANSAS, Appellee, v. BRAD OLIVER, Appellant. No. 98,486.Court of Appeals of Kansas. Opinion filed: July 11, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Guilty Plea — Defendant’s Motion to Withdraw Plea after Sentencing — Defendant Must Show That Relief Necessary to Correct Manifest Injustice — Appellate Review of Denial […]

STATE v. LAMKIN, 229 Kan. 104 (1981)

621 P.2d 995 STATE OF KANSAS, Appellant, v. LAWRENCE C. LAMKIN, Appellee. No. 52,078Supreme Court of Kansas Opinion filed January 17, 1981. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeals by Prosecution — Statutory Limitation. Under K.S.A. 1979 Supp. 22-3602(b) an appeal may be taken by the prosecution in a criminal trial as a […]

RICE v. STATE, 37 Kan. App. 2d 456 (2007)

154 P.3d 537 JERRY D. RICE, Appellant, v. STATE OF KANSAS, Appellee. No. 94,864.Court of Appeals of Kansas. Opinion filed March 30, 2007. Petition for review denied 284 Kan. 946 (2007). SYLLABUS BY THE COURT1. CRIMINAL LAW — Ineffective Assistance of Counsel Allegation — Defendant May Seek Remand on Direct Appeal for District Court Determination […]

McFARLAND v. STATE, 196 Kan. 417 (1966)

411 P.2d 658 ARTHUR WILLIAM McFARLAND, Appellant, v. STATE OF KANSAS, Appellee. No. 44,430Supreme Court of Kansas Opinion filed March 5, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Preliminary Hearing — Counsel — Delay. The record on appeal in a proceeding conducted pursuant to the provisions of […]

CLARK LUMBER CO. v. PASSIG, 184 Kan. 667 (1959)

339 P.2d 280 CLARK LUMBER COMPANY, a Missouri Corporation, Appellant, v. ILA J. PASSIG, JOE MALONEY, C.L. PETERS, also known as Lloyd Peters, and MABEL PETERS, his wife, and BLANCHE HUNSAKER, Appellees, and RICHARD PEARMAN, Appellant. No. 41,302Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT 1. MECHANICS’ LIENS — Liens […]

STATE v. FERRIS, 222 Kan. 515 (1977)

565 P.2d 275 STATE OF KANSAS, Appellee, v. MICHAEL A. FERRIS, Appellant. No. 48,695Supreme Court of Kansas Opinion filed June 11, 1977. SYLLABUS BY THE COURT 1. EVIDENCE — Acts During and After Happening of Principal Fact — Admissible as Part of Res Gestae. Acts done or declarations made before, during or after the happening […]

STATE v. MAKIN, 223 Kan. 743 (1978)

576 P.2d 666 STATE OF KANSAS, Appellee, v. KENNETH D. MAKIN, Appellant. No. 49,117Supreme Court of Kansas Opinion filed April 1, 1978. SYLLABUS BY THE COURT 1. AUTOMOBILES — Vehicular Homicide — Involuntary Manslaughter. In the field of unintentional homicide by operation of a motor vehicle, the specific statute of vehicular homicide (K.S.A. 21-3405) is […]

IN RE TAX APPEAL OF ANDREWS, 18 Kan. App. 2d 311 (1993)

851 P.2d 1027 IN THE MATTER OF THE APPEALS OF ANDREWS, CHARLES, JR., and BAIRD, RANDY, FOR THE YEAR 1990 FROM THE DECISIONS OF THE COUNTY BOARD OF EQUALIZATION OF SHAWNEE COUNTY, KANSAS. No. 68,643Court of Appeals of Kansas Opinion filed May 7, 1993 Petition for review denied 253 Kan. 859 (1993). SYLLABUS BY THE […]

WOODS v. STATE, 284 Kan. 951 (2007)

Woods v. State. No. 94,868.Supreme Court of Kansas. May 8, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.

JOE SELF CHEVROLET v. BOARD OF SEDGWICK CTY. COMM’RS, 247 Kan. 625 (1990)

802 P.2d 1231 JOE SELF CHEVROLET, INC., d/b/a Friendly Motors, Appellee, v. BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, Appellant. No. 64,508Supreme Court of Kansas Opinion filed December 7, 1990. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Standing to Sue. Standing to sue means that a party has sufficient interest in a justiciable […]

IN RE J.D.C., 284 Kan. 155 (2007)

159 P.3d 974 In the Interest of J.D.C., DOB: 02/21/1990. No. 95,610.Supreme Court of Kansas. Opinion filed June 8, 2007. SYLLABUS BY THE COURT1. EVIDENCE — Relevant Evidence — Admissibility. Generally, all relevant evidence is admissible. Relevant evidence is evidence having any tendency in reason to prove any material fact. Once relevance is established, evidentiary […]

MID-AMERICA SPRAYERS, INC. v. U.S. FIRE INS. CO., 8 Kan. App. 2d 451 (1983)

660 P.2d 1380 MID-AMERICA SPRAYERS, INC., Plaintiff/Cross-Appellee, v. UNITED STATES FIRE INSURANCE COMPANY and AVIATION OFFICE OF AMERICA, INC., Defendants/Appellants/Cross-Appellees, v. PRATT WHITNEY AIRCRAFT OF CANADA, LTD., Third-Party Defendant/Appellee/Cross-Appellant. No. 54,502Court of Appeals of Kansas Opinion filed March 17, 1983 Petition for review denied 233 Kan. 1092 (1983). SYLLABUS BY THE COURT 1. CONTRACTS — […]

APPLEGATE v. HOME OIL CO., 182 Kan. 655 (1958)

324 P.2d 203 KATIE L. APPLEGATE, Appellee, v. HOME OIL COMPANY, a Corporation; FIREMAN’S FUND INDEMNITY COMPANY OF SAN FRANCISCO, CALIFORNIA; and LUTHER WALTON, Appellants. No. 40,743Supreme Court of Kansas Opinion filed April 12, 1958. SYLLABUS BY THE COURT AUTOMOBILES — Negligence — Special Questions Not Inconsistent with General Verdict. The record in an action […]

STATE v. LONGFELLOW, 32 Kan. App. 2d xxxviii (2004)

State v. Longfellow. No. 90,419.Court of Appeals of Kansas. March 5, 2004. Appeal from the Johnson. Unpublished Opinions Affirmed.

STATE v. WILLIAMS, 92,908 (Kan.App. 10-28-2005)

121 P.3d 1003 STATE v. WILLIAMS. No. 92,908.Court of Appeals of Kansas. October 28, 2005. Appeal from Wyandotte. Decision without published opinion. Affirmed.

STATE v. PEREZ-MORAN, 276 Kan. 973 (2003)

STATE v. PEREZ-MORAN. No. 89,021.Supreme Court of Kansas. June 27, 2003. Reported below 31 Kan. App. 2d 328. Petition for review granted.

WEBSTER v. KANSAS POWER LIGHT CO., 185 Kan. 498 (1959)

345 P.2d 660 W.G. WEBSTER, Appellant, v. THE KANSAS POWER AND LIGHT COMPANY and W.O. HOMER, Appellees. No. 41,460Supreme Court of Kansas Opinion filed November 7, 1959. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — On Later Appeal — Law of Former Decision. When a second appeal is brought to this court in the […]

STATE v. BUGGS, 219 Kan. 203 (1976)

547 P.2d 720 STATE OF KANSAS, Appellee, v. CHARLES L. BUGGS, JR., Appellant. STATE OF KANSAS, Appellee, v. RONALD G. PERRY, Appellant. Nos. 47,928, 47,950Supreme Court of Kansas Opinion filed March 6, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Instruction on Lesser Included Offenses — When Duty to Instruct Arises. The duty to […]

IN RE HESS, 241 Kan. 74 (1987)

734 P.2d 1094 In the Matter of ANNE OLIVER HESS, Respondent. No. 59,127Supreme Court of Kansas March 27, 1987 ORDER OF INDEFINITE SUSPENSION ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. This original proceeding in discipline was filed by the Disciplinary Administrator against Anne Oliver Hess, of Overland Park, an attorney admitted to the […]

STATE v. RODRIGUEZ, 32 Kan. App. 2d xli (2004)

State v. Rodriguez. No. 90,864.Court of Appeals of Kansas. April 30, 2004. Appeal from the Saline. Unpublished Opinions Affirmed.

STATE v. LAWSON, 279 Kan. ix (2005)

State v. Lawson. No. 92,284.Supreme Court of Kansas. April 22, 2005. Appeal from the Sedgwick. Unpublished Opinions Affirmed.

COMMON SCHOOL DISTRICT No. 6 v. ROBB, 179 Kan. 162 (1956)

293 P.2d 230 COMMON SCHOOL DISTRICT No. 6, Wyandotte County, Kansas, a Body Corporate, Plaintiff, v. GEORGE W. ROBB, Auditor of the State of Kansas, Defendant. No. 40,228Supreme Court of Kansas Opinion filed February 7, 1956. SYLLABUS BY THE COURT STATUTES — Classification Based on Population — General Law — Constitutionality. The record is examined […]

WELLS v. WAFFLE HOUSE, 32 Kan. App. 2d xlv (2004)

Wells v. Waffle House, Inc. No. 91,334.Court of Appeals of Kansas. August 13, 2004. Appeal from the Workers Comp Bd. Unpublished Opinions Affirmed.

STATE v. CORBER, 21 Kan. App. 2d 325 (1995)

900 P.2d 241 STATE OF KANSAS, Appellee, v. TERRY L. CORBER, Appellant. No. 71,549Court of Appeals of Kansas Opinion filed July 21, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Defendant Sentenced after July 1, 1993, for Crime Committed before That Date — Court’s Duty under Sentencing Guidelines. When a defendant is […]

IN RE MARRIAGE OF KNIPP, 15 Kan. App. 2d 494 (1991)

809 P.2d 562 IN THE MATTER OF THE MARRIAGE OF SUSAN CORRINE KNIPP, Appellee, and EDWARD JOSEPH KNIPP, Appellant. No. 64,813Court of Appeals of Kansas Opinion filed April 19, 1991 Petition for review denied June 11, 1991. SYLLABUS BY THE COURT 1. DIVORCE — Property Division — Lump Sum Social Security Disability Award — Division […]

STATE v. HYCHE, 102,912 (Kan. 12-2-2011)

STATE OF KANSAS, Appellee, v. RICKY G. HYCHE, Appellant. No. 102,912Supreme Court of Kansas Opinion filed December 2, 2011. Appeal from Sedgwick District Court; JOHN J. KISNER, JR., judge. Opinion filed December 2, 2011. Sentence affirmed in part and vacated in part. Page 2 Rachel L. Pickering, of Kansas Appellate Defender Office, was on the […]

HERRICK v. STATE, 25 Kan. App. 2d 472 (1998)

965 P.2d 844 BRIAN HERRICK, Appellee, v. STATE OF KANSAS, Appellant. No. 80,595Court of Appeals of Kansas Opinion filed September 4, 1998. Petition for review denied 266 Kan. 1108 (1998) SYLLABUS BY THE COURT 1. CRIMINAL LAW — Burglary — Definition of “Dwelling” in Burglary Statute. Under Kansas law defining burglary, a building, tent, vehicle, […]

STATE v. WIELAND, 277 Kan. 927 (2004)

STATE v. WIELAND. No. 89,176.Supreme Court of Kansas. March 30, 2004. Reported below Unpublished. Petition for review denied. Page 928

WESTERN LIGHT TELEPHONE CO. v. TOLAND, 177 Kan. 194 (1954)

277 P.2d 584 In the matter of the petition of the WESTERN LIGHT AND TELEPHONE COMPANY, INCORPORATED, Appellee, v. HENRY TOLAND, Appellant. No. 39,517Supreme Court of Kansas Opinion filed December 11, 1954. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Appeal From Award — Motion to Dismiss Overruled — Not Final Order. An order sustaining […]

PORTIS v. STATE, 195 Kan. 313 (1965)

403 P.2d 959 CHARLES MARTIN PORTIS, Appellant, v. STATE OF KANSAS, Appellee. No. 44,209Supreme Court of Kansas Opinion filed July 10, 1965. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Purpose of Preliminary Hearing. In this jurisdiction the purpose of a preliminary examination before a magistrate for one charged with a felony is to determine […]

ANDEEL v. WOODS, 174 Kan. 556 (1953)

258 P.2d 285 BEVERLY ANDEEL, et al., Appellants, v. PAUL H. WOODS, et al., Appellees. No. 38,741Supreme Court of Kansas Opinion filed June 6, 1953. SYLLABUS BY THE COURT 1. INJUNCTIONS — Nature of Remedy — Mode of Operation. Injunction is an equitable remedy which operates in futuro. 2. MOOT CASE — Generally. When a […]

STATE v. ALLISON, 16 Kan. App. 2d 321 (1991)

823 P.2d 213 STATE OF KANSAS, Appellee, v. CHRISTOPHER J. ALLISON, Appellant. No. 65,996Court of Appeals of Kansas Opinion filed December 20, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Child Abuse — Battery Is Lesser Included Offense. Battery in violation of K.S.A. 21-3412, a class B misdemeanor, is a lesser included offense of […]

GENERAL BUILDING CONTR., v. BD. OF SHAWNEE CTY. COMM’RS, 275 Kan. 525 (2003)

66 P.3d 873 GENERAL BUILDING CONTRACTORS, L.L.C. and ROBERT D. TOLBERT, Appellants, v. BOARD OF SHAWNEE COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, Appellee. No. 89,029.Supreme Court of Kansas Opinion filed April 18, 2003. SYLLABUS BY THE COURTCOUNTIES — Home Rule — Eminent Domain for Industrial or Economic Development Purposes — Denial of Injunctive Relief Proper […]

STATE v. HERRERA, 41 Kan. App. 2d 215 (2009)

202 P.3d 68 STATE OF KANSAS, Appellee, v. STEPHANO A. HERRERA, Appellant. No. 97,381.Court of Appeals of Kansas. Opinion filed February 27, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged in a criminal case, an appellate court reviews the evidence in […]

STATE v. GOODWIN, 4 Kan. App. 2d 81 (1979)

603 P.2d 194 STATE OF KANSAS, Appellee, v. OTIS GOODWIN, Appellant. No. 50,467Court of Appeals of Kansas Opinion filed November 21, 1979 Petition for review denied January 29, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Possession of Heroin — Nonexclusive Possession by Defendant — Proof Required for Conviction. Where in the prosecution for […]

STATE v. REYNOLDS, 93,959 (Kan.App. 1-20-2006)

126 P.3d 455 STATE v. REYNOLDS. No. 93,959.Court of Appeals of Kansas. January 20, 2006. Appeal from Chase. Decision without published opinion. Reversed and remanded.

REBEL v. KANSAS DEPT. OF REVENUE, 286 Kan. 1179 (2008)

Rebel v. Kansas Dept. of Revenue. No. 98,930.Supreme Court of Kansas. July 2, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Granted.

WEST v. UNIFIED SCHOOL DISTRICT, 204 Kan. 29 (1969)

460 P.2d 103 ROLLAND WEST, M.K. ROSS, L.C. MURROW, FAY McDONALD, S.W. EWING, N.C. WEST, VERNON MURROW, MAURICE BROWN, DONALD UNGEHEUER, WILBUR WEBBER, EDWIN THYER, CHESTER HERRMANN, ALFRED McVEY, ROBERT WILES, ROLLAND ROWE, JOHN D. LEWIS, ROBERT JOHNSTON, RUSSELL SPILLMAN, GEORGE SCHMITZ, T.F. EDMONDS, M.O. TOWNSLEY, HAROLD RHYNERSON, JOHN FOSDICK, KENNETH TINSLEY, MELVIN SMITH, WARREN […]

HAZELWOOD v. HAZELWOOD, 190 Kan. 493 (1962)

376 P.2d 815 WINNONA M. HAZELWOOD, Appellant, v. FRED B. HAZELWOOD, Appellee. No. 42,836Supreme Court of Kansas Opinion filed December 8, 1962. SYLLABUS BY THE COURT 1. DIVORCE — Change of Custody — Judicial Discretion. Whether a child custody order will be changed or modified rests in the sound judicial discretion of the trial court […]

CAPITOL FED’L SAVINGS LOAN ASS’N v. HOHMAN, 9 Kan. App. 2d 217 (1984)

675 P.2d 384 CAPITOL FEDERAL SAVINGS LOAN ASSOCIATION, a corporation, Plaintiff, v. LOREN H. HOHMAN, SR., BETTY LOU HOHMAN, et al., Defendants, and DONALD GABLER and LEAH F. GABLER, Cross-Petitioners/Appellees, v. LOREN H. HOHMAN, SR., and BETTY LOU HOHMAN, Appellants. No. 55,420Court of Appeals of Kansas Opinion filed January 26, 1984 Affirmed 235 Kan. 815. […]

STATE v. BETHEA, 196 Kan. 188 (1966)

410 P.2d 272 STATE OF KANSAS, Appellee, v. OSCAR BETHEA, Appellant. No. 44,310Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. KIDNAPING — When Person Is Harmed — When Person Is Unharmed — Duty to Hear Evidence. The statute relating to kidnaping in the first degree (K.S.A. 21-449) requires the […]

IN RE ESTATE OF LEATHERS, 19 Kan. App. 2d 803 (1994)

876 P.2d 619 IN THE MATTER OF THE ESTATE OF LOUISE FLORENCE LEATHERS, Deceased. No. 69,659Court of Appeals of Kansas Opinion filed June 24, 1994 SYLLABUS BY THE COURT 1. ESTATES — Settlement Agreement — Statutory Requirements Construed and Applied. K.S.A. 1993 Supp. 59-102(8) is construed and applied. 2. SAME — Distribution of Estate — […]

MOORE v. ST. PAUL MERCURY INSURANCE COMPANY, 26 Kan. App. 2d 506 (1999)

989 P.2d 294 ROBIN B. MOORE, Appellee, v. ST. PAUL MERCURY INSURANCE COMPANY, Appellant. No. 80,469Court of Appeals of Kansas Opinion Filed September 24, 1999. SYLLABUS BY THE COURT 1. ATTORNEY FEES — Reasonableness of Fee — Trial Court Discretion. The reasonableness of attorney fees rests within the sound discretion of the trial court, and […]

O’KEEFE v. MERRILL LYNCH CO., 278 Kan. 846 (2004)

O’KEEFE v. MERRILL LYNCH CO. No. 90,652.Supreme Court of Kansas. May 25, 2004. Reported below 32 Kan. App. 2d 474. Petition for review denied.

AMERICAN OUTDOORSMAN v. PELLA PRODUCTS, INC., 283 Kan. 930 (2007)

American Outdoorsman, Inc. v. Pella Products, Inc. No. 95,416.Supreme Court of Kansas. February 13, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.

GIBLIN v. GIBLIN, 253 Kan. 240 (1993)

854 P.2d 816 FRANCES HELM GIBLIN, a/k/a FRANCES H. GIBLIN, an incapacitated person, by her brother and next friend, WILLIAM F. HELM, JR.; and WILLIAM F. HELM, JR., individually and on behalf of the beneficiaries of the Frances H. Giblin Trust No. 1 and First Supplemental Trust Agreement dated April 1, 1987, Appellees, v. CORNELIUS […]

APPS v. TOMCO TRUCKS, INC., 275 Kan. 963 (2002)

APPS v. TOMCO TRUCKS, INC. No. 87,813.Supreme Court of Kansas December 17, 2002. Reported below Unpublished. Petition for review denied.

STATE v. ALDERSON, 266 Kan. 603 (1999)

972 P.2d 1112 STATE OF KANSAS, Appellee, v. SHAWN A. ALDERSON, Appellant. No. 79,625Supreme Court of Kansas Opinion Filed January 22, 1999. SYLLABUS BY THE COURT CRIMINAL LAW — Notice of Appeal — Upward Durational Departure Sentence — Issures Not Presented to Trial Court. In a criminal case where defendant has been resentenced for convictions […]

SCHAUF v. SCHAUF, 33 Kan. App. 2d 665 (2005)

107 P.3d 1237 ROMAN H. SCHAUF and LEONA SCHAUF, Appellees, v. MICHAEL D. SCHAUF and JOANN M. SCHAUF, Appellants. No. 91,783.Court of Appeals of Kansas. Opinion filed March 4, 2005. Petition for review denied 280 Kan. ___ (September 22, 2005). SYLLABUS BY THE COURT1. JURIES — Special Verdict Form — Failure of Complaining Party to […]

VANOVER v. VANOVER, 26 Kan. App. 2d 186 (1999)

987 P.2d 1105 STEPHANIE J. VANOVER, Appellee, v. EDWARD J. VANOVER, Appellant. No. 80,944Court of Appeals of Kansas Opinion Filed May 28, 1999. SYLLABUS BY THE COURT 1. JUDGMENTS — Acquiescence — Appellate Review. Acquiescence in a judgment cuts off the right to appellate review. 2. SAME — Acquiescence — Voluntary Partial Payment. The voluntary […]

KANSAS ASS’N OF PUB. EMPLOYEES v. PUB. SERV. EMP. UNION, 218 Kan. 509 (1976)

544 P.2d 1389 KANSAS ASSOCIATION OF PUBLIC EMPLOYEES, Appellant, v. PUBLIC SERVICE EMPLOYEES UNION, LOCAL 1132, Appellee, and PUBLIC EMPLOYEE RELATIONS BOARD, STATE OF KANSAS, Appellee-Intervenor. No. 47,716Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. ADMINISTRATIVE BODIES — Extent of Trial Court’s Authority on Appeal. A district court may […]

IN RE ESTATE OF CORRELL, 178 Kan. 618 (1955)

290 P.2d 1050 In re Estate of Levi Correll, Deceased. (DAISY E. CORRELL, Executrix, Appellee, v. CHARLES V. HAMM, Special Administrator of the Estate of Christopher C. Correll, Deceased, Appellant.) No. 39,893Supreme Court of Kansas Opinion filed December 10, 1955. SYLLABUS BY THE COURT 1. WILLS — Provision as to Insane Son — Restoration by […]

LEWIS v. SERVICE PROVISION CO., INC., 209 Kan. 378 (1972)

496 P.2d 1373 EARL LEWIS, SR., Father, and LILLY LEWIS, Mother, next of kin of Earl Lewis, Jr., Deceased, Appellants, v. SERVICE PROVISION CO., INC., and HAROLD CLAYTON WATTS, Appellees. No. 46,347Supreme Court of Kansas Opinion filed May 6, 1972. SYLLABUS BY THE COURT AUTOMOBILES — Collision Between Automobile and Tractor-trailer — Negligence Not Established. […]

ANDREWS v. BOARD OF COUNTY COMMISSIONERS, 207 Kan. 548 (1971)

485 P.2d 1260 J.G. ANDREWS, CHARLES T. DUMENIL, PAUL H. FOX, FREDRICK F. JACOBS, ROBERT M. JAY, NOBLE L. LINCH, WARREN L. STOUT, HARRY N. WINTON, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COWLEY, NOBLE C. BRADBURY, chairman, LENNIE M. ATKINS and AARON B. JOHNSON as members, Appellees. No. 46,027Supreme Court […]

IN RE CONSERVATORSHIP OF HOLMAN, 18 Kan. App. 2d 173 (1993)

849 P.2d 140 In the Matter of the Conservatorship of ELEANOR MARKLEY HOLMAN, and In the Matter of the Estate of ELEANOR MARKLEY HOLMAN, Deceased. No. 68,140Court of Appeals of Kansas Opinion filed March 26, 1993 SYLLABUS BY THE COURT 1. CONSERVATORSHIP — Annual Accounting of Fiduciary — Court’s Approval of Annual Accounting — Effect […]

JONES v. STATE, 278 Kan. 846 (2004)

JONES v. STATE. No. 89,967.Supreme Court of Kansas. December 14, 2004. Reported below Unpublished. Petition for review denied.

LOVELESS v. AMERICAN FAMILY MUTUAL, 29 Kan. App. 2d 223 (2001)

24 P.3d 198 MARSHA L. LOVELESS, PHILLIP A. LOVELESS, and JACOB LOVELESS, A Minor Child, Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee. No. 86,037Court of Appeals of Kansas Opinion filed: May 25, 2001. SYLLABUS BY THE COURT 1. INSURANCE — Motor Vehicle Insurance — Uninsured and Underinsured Motorist Coverage. K.S.A. 40-284 is construed and […]

STATE v. CARTER, 270 Kan. 426 (2000)

14 P.3d 1138 STATE OF KANSAS, Appellee, v. JEROME G. CARTER, Appellant. No. 82,590Supreme Court of Kansas Opinion filed December 15, 2000. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Criminal Defendant’s Right to COunsel — Accused Personally Has Right to Make His or Her Defense. The Sixth Amendment to the United States Constitution does […]

IN RE ADOPTION OF TRENT, 5 Kan. App. 2d 363 (1980)

616 P.2d 304 In the Matter of the Adoption of BABY TRENT. No. 50,844Court of Appeals of Kansas Opinion filed September 12, 1980 Reversed 229 Kan. 224, 624 P.2d 433 (1981). SYLLABUS BY THE COURT PARENT AND CHILD — Adoption — Consent of Natural Parent — Validity of Kansas Notary in Missouri — Jurisdiction of […]

WINNER v. FLORY, 11 Kan. App. 2d 263 (1986)

719 P.2d 20 GREG WINNER and COLLEEN WINNER, Appellees, v. ROGER FLORY, d/b/a Commerce Plaza, Appellant. No. 58,200Court of Appeals of Kansas Opinion filed May 15, 1986 SYLLABUS BY THE COURT JUDGMENTS — Default Judgment — Notice Requirements. The ten-day notice provision of Supreme Court Rule 118(d), 235 Kan. cv, applies when default judgment is […]

ABASOLO v. STATE, 283 Kan. 930 (2007)

Abasolo v. State. No. 93,788.Supreme Court of Kansas. February 14, 2007. Appeal from the 36 Kan. App. 2d 802. Petitions for Review of Decisions of the Court of Appeals Granted.

STATE v. BROOKS, 277 Kan. 925 (2004)

STATE v. BROOKS. No. 89,508.Supreme Court of Kansas. February 10, 2004. Reported below Unpublished. Petition for review denied.

DUNLAP v. CROWN DRUG CO., 186 Kan. 5 (1960)

348 P.2d 609 ALICE DUNLAP, Appellee, v. CROWN DRUG COMPANY, and UNITED STATES FIRE INSURANCE COMPANY, Appellants. No. 41,456Supreme Court of Kansas Opinion denying rehearing filed January 23, 1960. OPINION DENYING REHEARING Appeal from Crawford district court, sitting at Pittsburg; L.M. RESLER, judge. Opinion denying rehearing filed January 23, 1960. Original opinion adhered to as […]

MOORE v. ST. PAUL FIRE MERCURY INS. CO., 269 Kan. 272 (2000)

3 P.3d 81 ROBIN B. MOORE, Appellee, v. ST. PAUL FIRE MERCURY INSURANCE COMPANY, Appellant. No. 80,469Supreme Court of Kansas Opinion filed June 2, 2000. SYLLABUS BY THE COURT 1. INSURANCE — Insurer’s Refusal without Good Cause or Excuse to Pay Full Amount of Loss — Attorney Fees as Costs Awarded to Plaintiff. In an […]

ROBBINS v. ALBERTO-CULVER CO., 210 Kan. 147 (1972)

499 P.2d 1080 BEVERLY ROBBINS, Appellee, v. ALBERTO-CULVER CO., Appellant. No. 46,454Supreme Court of Kansas Opinion filed July 19, 1972. SYLLABUS BY THE COURT 1. PRODUCT LIABILITY — Food — Implied Warranty of Fitness. In this jurisdiction it is the rule that where food is sold for human consumption there is an implied warranty on […]

KINCADE v. CARGILL, INC., 27 Kan. App. 2d 798 (2000)

11 P.3d 63 JAMES L. KINCADE, Appellant, v. CARGILL, INC., Appellee. No. 83,908[1] Court of Appeals of Kansas Opinion filed June 16, 2000. Petition for review denied 270 Kan. 898 (2000.) [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated July 13, 2000, […]

HIXON v. LARIO ENTERPRISES, INC., 19 Kan. App. 2d 643 (1994)

875 P.2d 297 J. MARK HIXON, SHAWNEE COUNTY APPRAISER, Appellant, v. LARIO ENTERPRISES, INC., Appellee. No. 70,346Court of Appeals of Kansas Opinion filed June 3, 1994 Aff’d as modified 257 Kan. 377, 892 P.2d 507 (1995). SYLLABUS BY THE COURT 1. KANSAS CONSTITUTION — Assessment and Taxation of Property. Article 11, § 1(b) of the […]

STATE v. PHELPS, 28 Kan. App. 2d 690 (2001)

20 P.3d 731 STATE OF KANSAS, Appellee, v. JONATHAN B. PHELPS, Appellant. No. 84,658Court of Appeals of Kansas Opinion filed: March 9, 2001. Petition for review denied 271 Kan. 1041 (2001). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Disorderly Conduct — Jury Instructions — Error in Ommission of Required language Cured by Defendant’s Admission. […]

IN RE McPHERSON, 287 Kan. 434 (2008)

196 P.3d 921 In the Matter of BOYD R. McPHERSON, Respondent. No. 100,108.Supreme Court of Kansas. Opinion Filed December 5, 2008. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Six-month Suspension. Original proceeding in discipline. Opinion filed December 5, 2008. Six-month suspension. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on […]

MARTIN v. BOS LINES, INC., 205 Kan. 532 (1970)

470 P.2d 737 BOB L. MARTIN, Appellee, v. BOS LINES, INC., Appellant. No. 45,701Supreme Court of Kansas Opinion filed June 13, 1970. SYLLABUS BY THE COURT CONTRACT — Breach — For Whose Benefit Contract Made — Real Party in Interest — Parol Evidence. When the terms of a contract are not thereby varied or contradicted, […]

TOSHIBA MASTER LEASE, LTD. v. OTTAWA UNIVERSITY, 23 Kan. App. 2d 129 (1996)

927 P.2d 967 TOSHIBA MASTER LEASE, LTD., Appellant, v. OTTAWA UNIVERSITY, Appellee. No. 74,530Court of Appeals of Kansas Opinion filed November 27, 1996 SYLLABUS BY THE COURT 1. ESTOPPEL — Equitable Estoppel — Application When Party Having Duty to Speak Remains Silent to Prejudice of Another. The doctrine of equitable estoppel may be applicable if […]

MONEY v. FT. HAYS STATE UNIV. ENDOWMENT ASS’N, 276 Kan. 969 (2003)

MONEY v. FT. HAYS STATE UNIV. ENDOWMENT ASS’N. No. 89,115.Supreme Court of Kansas. June 25, 2003. Reported below 31 Kan. App. 2d 322. Petition for review denied.

STATE v. OCAMPO-NAVARRO, 32 Kan. App. 2d xxxix (2004)

State v. Ocampo-Navarro. Nos. 90,524, 90,694.Court of Appeals of Kansas. July 16, 2004. Appeal from the Sedgwick. Unpublished Opinions Reversed; remanded with directions.

IN RE MARRIAGE OF THOMPSON, 17 Kan. App. 2d 47 (1992)

832 P.2d 349 In the Matter of the Marriage of ELIZABETH A. THOMPSON (RUSS), Appellee, and DAVID M. THOMPSON, Appellant. No. 66,673Court of Appeals of Kansas Opinion filed May 1, 1992 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — General Appearance. A motion for a continuance, a stay, or an extension of time in which […]

CITY OF DeSOTO v. CONSOLIDATED RURAL WATER, 23 Kan. App. 2d 407 (1997)

930 P.2d 624 CITY OF DeSOTO, KANSAS, Appellant/Cross-appellee, v. CONSOLIDATED RURAL WATER DISTRICT NO. 6, JOHNSON COUNTY, KANSAS, Appellee/Cross-appellant. No. 75,488Court of Appeals of Kansas Opinion filed January 17, 1997 SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Annexation of Rural Water District — City Required to Pay District the Reasonable Value of District’s […]

STATE v. CROSSMAN, 277 Kan. 925 (2004)

STATE v. CROSSMAN. No. 89,929.Supreme Court of Kansas. March 30, 2004. Reported below Unpublished. Petition for review denied.

STATE v. NETH, 281 Kan. 1381 (2006)

State v. Neth. No. 92,477.Supreme Court of Kansas. May 9, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.

T.R., INC. OF ASHLAND v. BRANDON, 32 Kan. App. 2d 649 (2004)

87 P.3d 331 T.R. INCORPORATED OF ASHLAND, KANSAS, Appellant/Cross-appellee, v. MARY BELLE BRANDON, JEAN S. STEPHENS, JOHN E. STEPHENS II, MARGIE L. STEPHENS, DONALD D. STEPHENS, SUSAN K. WILLARD/SHEFFIELD, and JIM D. WILLARD, Appellees/Cross-appellants. No. 90,469.Court of Appeals of Kansas. Opinion filed April 2, 2004. SYLLABUS BY THE COURT1. CONTRACTS — Written Contract — Intention […]

ALLINGHAM v. NELSON, 6 Kan. App. 2d 294 (1981)

627 P.2d 1179 L.K. ALLINGHAM and DOROTHY ALLINGHAM, Plaintiffs-Appellees, v. DALLAS L. NELSON and EVELYN NELSON, Defendants-Appellants. No. 52,193Court of Appeals of Kansas Opinion filed May 8, 1981 SYLLABUS BY THE COURT 1. REAL PROPERTY — Easement Appurtenant. An easement appurtenant inheres in the land, concerns the premises, and is necessary to the enjoyment thereof. […]

IN MATTER OF ROSE, 08370 (Kan. 7-24-2008)

In the Matter of LEROY C. ROSE, Respondent. Bar Docket No. 08370Supreme Court of Kansas Opinion filed: July 24, 2008. ORDER OF DISBARMENT In a letter dated July 14, 2008, to the Clerk of the Appellate Courts, respondent Leroy C. Rose, of Garden City, Kansas, an attorney admitted to the practice of law in the […]

KANSAS GAS ELECTRIC CO. v. KANSAS CORPORATION COMM’N, 239 Kan. 483 (1986)

720 P.2d 1063 KANSAS GAS AND ELECTRIC COMPANY, Applicant/Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent/Appellee. KANSAS CITY POWER LIGHT COMPANY, Applicant/Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent/Appellee. KANSAS ELECTRIC POWER COOPERATIVE, INC., Applicant/Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Respondent/Appellee. Nos. 58,914, 58,917, 58,918Supreme […]

POLZIN v. NATIONAL COOPERATIVE REFINERY ASS’N, 175 Kan. 531 (1954)

266 P.2d 293 WILLIAM M. POLZIN, Appellee, v. NATIONAL COOPERATIVE REFINERY ASSOCIATION, a Corporation, and NORTHERN ORDNANCE, INCORPORATED, Appellants. No. 38,888Supreme Court of Kansas Opinion filed January 23, 1954. SYLLABUS BY THE COURT 1. JUDGMENTS — Res Judicata — Pleading Former Adjudication. Res judicata is an affirmative defense which must not only be pleaded but […]

STATE, EX REL., v. HEDRICK, 178 Kan. 135 (1955)

283 P.2d 437 STATE OF KANSAS, ex rel. LELUS B. BROWN, County Attorney of Harvey County, Kansas, Appellant, v. CLAY HEDRICK, as County Clerk of Harvey County, Kansas; THE STATE COMMISSION OF REVENUE AND TAXATION OF THE STATE OF KANSAS, and the CITY OF WICHITA, KANSAS, Appellees, and THE BOARD OF COUNTY COMMISSIONERS OF HARVEY […]

JONES v. STATE, 32 Kan. App. 2d xxvi (2004)

Jones v. State. No. 89,967.Court of Appeals of Kansas. August 20, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.

STATE v. CHESTRA, 92,351 (Kan.App. 7-1-2005)

114 P.3d 190 STATE v. CHESTRA. No. 92,351.Court of Appeals of Kansas. July 1, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

IN RE ADOPTION OF CRIDER, 236 Kan. 712 (1985)

696 P.2d 356 In the Matter of the Adoption of DEREK ERWIN CRIDER, A Minor Child. No. 56,209Supreme Court of Kansas Opinion filed March 2, 1985. SYLLABUS BY THE COURT ADOPTION: Stepchild Adoption — Consent of Natural Father. In an appeal from the denial of a stepchild adoption, the record is examined and it is […]

STATE v. VANDAM, 93,211 (Kan.App. 8-12-2005)

117 P.3d 150 STATE v. VANDAM. No. 93,211.Court of Appeals of Kansas. August 12, 2005. Appeal from Pratt. Decision without published opinion. Affirmed.

STATE v. McCRAY, 267 Kan. 339 (1999)

979 P.2d 134 STATE OF KANSAS, Appellee, v. DAMON L. McCRAY, Appellant. No. 79,281Supreme Court of Kansas Opinion Filed May 4, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder — Requirements. To support a conviction for felony murder, all that is required is to prove that a felony was being committed, which […]

CLARK v. IVY, 240 Kan. 195 (1986)

727 P.2d 493 THE HONORABLE PAUL W. CLARK and THE HONORABLE JAMES G. BEASLEY, District Court Judges, Eighteenth Judicial District, Petitioners, v. JOHN T. IVY, JERRY DRISCOLL, JACK SHRIVER, DEBORAH PURCE JONES, JAMES T. WIGLESWORTH, LYNN ZELLER-BARCLEY, MAURICE J. RYAN, ALAN G. METZGER, PAUL WINKLER, Who Comprise The State Board of Indigents’ Defense Services; and […]

DAVIN v. ATHLETIC CLUB OF OVERLAND PARK, 32 Kan. App. 2d 1240 (2004)

96 P.3d 687 MICHAEL E. DAVIN, Appellant, v. ATHLETIC CLUB OF OVERLAND PARK and T. SEAN LANCE, Defendants, STATE FARM FIRE AND CASUALTY COMPANY, Appellee. No. 90,332.Court of Appeals of Kansas Opinion filed September 3, 2004. SYLLABUS BY THE COURT1. JUDGMENTS — Law of Case Doctrine — Application by Courts to Refuse to Reopen Matter […]

PIPPIN v. EDMONDSON, 177 Kan. 123 (1954)

276 P.2d 315 EDWARD LOUIS PIPPIN, Appellant, v. C.A. EDMONDSON, Warden, Kansas State Penitentiary, Appellee. No. 39,509Supreme Court of Kansas Opinion filed November 13, 1954. SYLLABUS BY THE COURT HABEAS CORPUS — Sentence Not Properly Set Forth in Journal Entry — Writ Denied. The record examined in an appeal from the judgment of a district […]

IN RE ESTATE OF MANWEILER, 185 Kan. 343 (1959)

342 P.2d 730 In the Matter of the Estate of Jacob Manweiler, Deceased. (MRS. JACOB MANWEILER, Appellant, v. AUGUST MANWEILER, Executor, Appellee.) No. 41,381Supreme Court of Kansas Opinion filed August 3, 1959. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Demand for Breach of Marriage Contract — Sufficiency of Petitions — Statute Tolled. A petition […]

SMITH v. WILLIAMS, 3 Kan. App. 2d 205 (1979)

592 P.2d 129 IRWIN C. SMITH and EMMA L. SMITH, Appellants, v. MEL WILLIAMS, Appellee, and MARY LOUISE KINCAID and BOB KINCAID, Third Party Defendants. No. 49,597Court of Appeals of Kansas Opinion filed March 23, 1979 Petition for review denied May 10, 1979. SYLLABUS BY THE COURT APPELLATE PROCEDURE — Jurisdiction of Appellate Court — […]