123 P.3d 212 STATE v. HERMRECK. No. 93,384.Court of Appeals of Kansas. December 2, 2005. Appeal from Anderson. Decision without published opinion. Affirmed in part and remanded in part with directions.
Category: Kansas Court Opinions
INTERLAKE, INC. v. KANSAS POWER LIGHT, 231 Kan. 251 (1982)
644 P.2d 385 INTERLAKE, INC. Appellee, v. THE KANSAS POWER LIGHT COMPANY, Appellant, and ABRAHAM DAVIS, Defendant. No. 52,481Supreme Court of Kansas Opinion filed May 8, 1982. SYLLABUS BY THE COURT 1. OIL AND GAS — Statutory Liens. Oil and gas lien laws (K.S.A. 55-207 to 55-210 inclusive) confer special privileges, are to be strictly […]
KANSAS DEPT. OF SRS v. PAILLET, 270 Kan. 646 (2001)
16 P.3d 962 STATE OF KANSAS, DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Petitioner in Paternity Action; and DANIELLE S., Individually and as Parent and Next Friend of S.D.S., a Minor Child, Appellant, v. JOSHUA J. PAILLET, (KENNY and COLLEEN PAILLET), Appellees. No. 82,950Supreme Court of Kansas Opinion filed: February 2, 2001. SYLLABUS BY THE COURT […]
STATE v. BELL, 205 Kan. 380 (1970)
469 P.2d 448 STATE OF KANSAS, Appellee, v. ROBERT L. BELL, Appellant. No. 45,662Supreme Court of Kansas Opinion filed May 9, 1970. SYLLABUS BY THE COURT 1. INDICTMENT AND INFORMATION — Amending Without Leave. An information may be amended in a matter of substance or form without leave of court at any time before the […]
STATE v. WILKENS, 278 Kan. 851 (2004)
STATE v. WILKENS. No. 91,281.Supreme Court of Kansas. October 27, 2004. Reported below Unpublished. Petition for review denied. Page 852
IN RE WHYTE, 243 Kan. 752 (1988)
763 P.2d 639 In the Matter of HARTZELL J. WHYTE, Respondent. No. 61,998Supreme Court of Kansas Opinion filed October 28, 1988. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Original proceeding in discipline. Opinion filed October 28, 1988. Public censure. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause for […]
BARNETT v. KANSAS DEPT. OF REVENUE, 44 Kan. App. 2d 498 (2010)
238 P.3d 324 DUSTIN R. BARNETT, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 102,474.Court of Appeals of Kansas. September 3, 2010. SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Driver’s License Suspension Hearing — Consideration Whether Testing Equipment Was Certified That Determined Driver’s Blood Alcohol Content. The statutory list of issues that may be decided […]
LONG v. WINKELMAN, 35 Kan. App. 2d xiii (2006)
Long v. Winkelman. Nos. 94,121, 94,272.Court of Appeals of Kansas. March 10, 2006. Appeal from the Harper. Unpublished Opinions Affirmed.
STATE v. EASTRIDGE, 20 Kan. App. 2d 973 (1995)
894 P.2d 243 STATE OF KANSAS, Appellee, v. GARY EASTRIDGE, Appellant. No. 70,785Court of Appeals of Kansas Opinion filed April 28, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Multiplicity. Multiplicity is the charging of a single offense in several counts of a complaint or information. The traditional test of whether charged offenses are […]
IN RE RUSSO, 220 Kan. 181 (1976)
551 P.2d 787 In re: ANTHONY RAYMOND RUSSO, voluntary surrender of his certificate to practice law in the State of Kansas. No. 47,563.Supreme Court of Kansas Filed June 24, 1976. Order canceling certificate filed June 24, 1976. Per Curiam: On June 17, 1976, ANTHONY RAYMOND RUSSO voluntarily surrendered his certificate admitting him to practice law […]
McINTOSH v. KANSAS DEPT. OF REV., 291 Kan. 41 (2010)
237 P.3d 1243 CHARLES McINTOSH, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 101,878.Supreme Court of Kansas. Opinion filed August 20, 2010. SYLLABUS BY THE COURT1. MOTOR VEHICLES — Implied Consent Law — Purpose of Law to Encourage Person Arrested for Driving under Influence to Submit to Chemical Testing. The purpose of our implied consent […]
IN RE R.M., 32 Kan. App. 2d xxv (2004)
In re R.M. No. 90,985.Court of Appeals of Kansas. March 26, 2004. Appeal from the Sedgwick. Unpublished Opinions Appeal dismissed. Page xxvi
STATE v. GAINES, 32 Kan. App. 2d xxxv (2004)
State v. Gaines. No. 89,897.Court of Appeals of Kansas. March 5, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
WATKINS v. FOOD BARN STORES, INC., 23 Kan. App. 2d 837 (1997)
936 P.2d 294 LARRY WATKINS, JR., Claimant, v. FOOD BARN STORES, INC., and CREDIT GENERAL INSURANCE COMPANY, Appellants, and KANSAS WORKERS COMPENSATION FUND, Appellee. No. 76,288Court of Appeals of Kansas Opinion filed April 18, 1997 SYLLABUS BY THE COURT WORKERS COMPENSATION — Return of Previously Injured Employee to Unaccommodated Job with Comparable Wages — Presumption […]
RICE v. STATE, 276 Kan. 969 (2003)
RICE v. STATE. No. 89,759.Supreme Court of Kansas. November 12, 2003. Reported below 31 Kan. App. 2d 964. Petition for review granted.
STATE v. MITCHELL, 18 Kan. App. 2d 530 (1993)
855 P.2d 989 STATE OF KANSAS, Appellee, v. MICHAEL J. MITCHELL, Appellant. No. 68,545Court of Appeals of Kansas Opinion filed July 9, 1993 SYLLABUS BY THE COURT 1. EVIDENCE — Unavailable Witness — Admissibility at Trial of Absent Witness’ Preliminary Hearing Testimony. The preliminary hearing transcript of the testimony of an absent witness may be […]
STATE v. CLEMENTS, 241 Kan. 77 (1987)
734 P.2d 1096 STATE OF KANSAS, Appellee, v. JOHN F. CLEMENTS, JR., Appellant. No. 59,135Supreme Court of Kansas Opinion filed March 27, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Opinion Testimony of Mental Health Therapist as to Consistency of Statements Made by Sodomy Victim and His Progress in Therapy — Admissibility. An expert’s […]
GOSPEL TABERNACLE BODY OF CHRIST CH v. PEACE PUBLISHERS, 211 Kan. 927 (1973)
508 P.2d 849 GOSPEL TABERNACLE BODY OF CHRIST CHURCH, Appellant, v. PEACE PUBLISHERS COMPANY, a Corporation organized and existing under the laws of the State of Arizona, Appellee. No. 46,603Supreme Court of Kansas Opinion filed April 12, 1973. OPINION ON MOTION FOR HEARING Appeal from Wyandotte district court, division No. 2; WILLIAM J. BURNS, judge. […]
BEYE v. ANDRES, 179 Kan. 502 (1956)
296 P.2d 1049 IDA BEYE, Appellant, v. MARTIN Y. ANDRES, Appellee. No. 39,976Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Record in Supreme Court. It devolves upon the party appealing to bring up a complete record of all matters upon which review is sought. 2. […]
IN RE A.J.A., 32 Kan. App. 2d xxiii (2004)
In re A.J.A. No. 89,504.Court of Appeals of Kansas. January 16, 2004. Appeal from the Sedgwick. Unpublished Opinions Reversed.
DEGOLLADO v. GALLEGOS, 260 Kan. 169 (1996)
917 P.2d 823 FELIX DEGOLLADO and VICENTA DEGOLLADO, surviving parents and heirs-at-law of Ronnie Degollado, a deceased minor, Appellants, v. EMILIO CRUZ GALLEGOS and UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellees. No. 75,266Supreme Court of Kansas Opinion filed on May 31, 1996. SYLLABUS BY THE COURT 1. INSURANCE — Uninsured Motorist Coverage — Territorial Limitations […]
STATE v. McELHANEY, 32 Kan. App. 2d xxxviii (2004)
State v. McElhaney. No. 90,587.Court of Appeals of Kansas. May 21, 2004. Appeal from the Geary. Unpublished Opinions Reversed; remanded with directions.
MARSHALL v. WENDT, 286 Kan. 1178 (2008)
Marshall v. Wendt. No. 97,405.Supreme Court of Kansas. May 28, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
KELSO v. KELSO, 182 Kan. 665 (1958)
324 P.2d 165 CHRISTEEN E. KELSO, Appellant, v. JAMES I. KELSO, Appellee. No. 40,800Supreme Court of Kansas Opinion filed April 12, 1958. SYLLABUS BY THE COURT 1. DIVORCE — Division of Property — Finding Supported by Evidence. In an action for a divorce and division of property, the record is examined, and it is held: […]
THOMAS v. STATE, 32 Kan. App. 2d xliv (2004)
Thomas v. State. No. 90,722.Court of Appeals of Kansas. July 9, 2004. Appeal from the Cowley. Unpublished Opinions Affirmed.
UNWITTING VICTIM v. C.S., 273 Kan. 937 (2002)
47 P.3d 392 UNWITTING VICTIM, Appellant, v. C.S., Appellee. No. 87,114Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a question of law. An appellate court’s review of questions of law is unlimited. 2. CIVIL PROCEDURE — Pleadings — […]
CITY OF ARKANSAS CITY v. ANDERSON, 242 Kan. 875 (1988)
752 P.2d 673 THE CITY OF ARKANSAS CITY, KANSAS, et al., Plaintiffs/Appellees, v. A. SCOTT ANDERSON, et al., Defendants, v. MID-AMERICA TITLE COMPANY, INC., Garnishee/Defendant, and HESSTON STATE BANK, Interpled Party/Appellant, and THE UNITED STATES OF AMERICA, acting through Farmers Home Administration, Interpled Party. No. 61,040Supreme Court of Kansas Opinion filed March 25, 1988. SYLLABUS […]
IN RE KRAUSHAAR, 258 Kan. 772 (1995)
907 P.2d 836 In the Matter of STEVEN A. KRAUSHAAR, Respondent. No. 74,367Supreme Court of Kansas Opinion filed December 8, 1995. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two-year Probation. Original proceeding in discipline. Opinion filed December 8, 1995. Two-year probation. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, and […]
STATE v. McQUILLEN, 239 Kan. 590 (1986)
721 P.2d 740 STATE OF KANSAS, Appellee, v. PATRICK T. McQUILLEN, Appellant. No. 58,335Supreme Court of Kansas Opinion filed July 18, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rape — Defense of Consent — Expert Psychiatric Testimony Concerning Rape Trauma Syndrome — Admissibility. When consent is the defense in a prosecution for rape, […]
THOMPSON v. AMIS, 208 Kan. 658 (1972)
493 P.2d 1259 LORENE THOMPSON, Appellee — Cross-Appellant, v. GEORGE C. AMIS, HENRY J. RIOJAS, THEODORE K. SHARP, as members of the Civil Service Board of Kansas; and GEORGE C. AMIS, HENRY J. RIOJAS, and THEODORE K. SHARP, individually; and WALTER F. KUIKEN, Secretary of the Civil Service Board of Kansas; and WALTER F. KUIKEN, […]
STATE v. RICKS, 257 Kan. 435 (1995)
894 P.2d 191 STATE OF KANSAS, Appellee, v. HERSCHEL L. RICKS, Appellant. No. 70,784Supreme Court of Kansas Opinion filed April 21, 1995. SYLLABUS BY THE COURT 1. EVIDENCE — Admission or Exclusion — Harmless Error Rule. Review of the admission or the exclusion of evidence is governed by the harmless error rule. K.S.A. 60-261 provides […]
STATE v. J.H., 40 Kan. App. 2d 643 (2007)
197 P.3d 467 STATE OF KANSAS, Appellee, v. J.H., JR., Appellant. No. 96,770.[1] Court of Appeals of Kansas. Opinion filed July 6, 2007. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2007 Kan. Ct. R. Annot. 51). The published version was filed […]
STATE v. BROWN, 281 Kan. 1379 (2006)
State v. Brown. No. 92,430.Supreme Court of Kansas. March 28, 2006. Appeal from the 34 Kan. App. 2d 746. Petitions for Review of Decisions of the Court of Appeals Granted.
SOUTHWESTERN BELL TEL. v. KANSAS CORP., 29 Kan. App. 2d 414 (2001)
29 P.3d 424 SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. KANSAS CORPORATION COMMISSION, Appellee. No. 86,766Court of Appeals of Kansas Opinion filed: June 29, 2001. SYLLABUS BY THE COURT 1. KANSAS CORPORATION COMMISSION — Validity of KCC Order — Burden of Proof on Party Asserting Invalidity. Under K.S.A. 77-621(a)(1), the burden of proving the invalidity of […]
GILLENWATER v. MID-AMERICAN BANK TR. CO., 19 Kan. App. 2d 420 (1994)
870 P.2d 700 JAMES and JUDY GILLENWATER, Appellants, v. MID-AMERICAN BANK AND TRUST COMPANY, f/k/a KAW VALLEY BANK, and f/k/a KAW VALLEY STATE BANK AND TRUST, Appellee. No. 69,718Court of Appeals of Kansas Opinion filed March 18, 1994 SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Secured Party’s Disposition of Collateral after Default. K.S.A. […]
STATE v. CLINGERMAN, 213 Kan. 525 (1973)
516 P.2d 1022 STATE OF KANSAS, Appellee, v. VERNON L. CLINGERMAN, Appellant. No. 47,092Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prior Convictions of Similar Offenses — Proof of Identity. Where the question of the identity of a defendant on trial is raised with respect to […]
FIRST FEDERAL SAVINGS LOAN ASS’N v. McKAIN, 5 Kan. App. 2d 387 (1980)
617 P.2d 583 FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF KANSAS CITY, Plaintiff; J.R. SHERMAN, Appellant, v. LLOYD D. McKAIN, JR., Defendant, and RACHEL K. McKAIN, Defendant-Appellee. No. 50,982Court of Appeals of Kansas Opinion filed September 26, 1980 SYLLABUS BY THE COURT 1. REAL PROPERTY — Foreclosure Sale — Redemption — Extension of Time by […]
AMON v. LUECK, 194 Kan. 89 (1964)
397 P.2d 365 HENRY CHARLES AMON, by His Father and Next Friend, OSCAR AMON, Appellee, v. HENRY LUECK, d/b/a LUECK GRAIN ELEVATOR of Netawaka, Kansas and TRINITY UNIVERSAL INSURANCE COMPANY of Dallas 1, Texas, Appellants. No. 43,845Supreme Court of Kansas Opinion filed December 12, 1964. SYLLABUS BY THE COURT CARRIERS — Liability Insurance — Nature […]
FREEMAN v. KELTNER, 175 Kan. 37 (1953)
259 P.2d 228 J.D. FREEMAN, Appellee, v. A. LEA KELTNER, Defendant, NATIONAL LEAD COMPANY, Garnishee, Appellant. No. 38,970Supreme Court of Kansas Opinion filed July 6, 1953. SYLLABUS BY THE COURT 1. CORPORATIONS — Foreign Corporations — “Managing Agent” and “Ordinary Agent” Distinguished. The legislature attached some importance to the term “managing agent” and employed it […]
STATE v. GARY, 34 Kan. App. 2d 599 (2005)
121 P.3d 100 STATE OF KANSAS, Appellee, v. LORENZO GARY, Appellant. Aff’d 282 Kan. 232, 144 P.3d 634 (2006). No. 93,089.Court of Appeals of Kansas. Opinion filed October 28, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Probation — Revocation of Probation. When a trial court grants probation, the probationer is entitled to […]
STATE v. STRAUGHTER, 261 Kan. 481 (1997)
932 P.2d 387 STATE OF KANSAS, Appellee, v. KALEAFA STRAUGHTER, Appellant. No. 75,022Supreme Court of Kansas Opinion filed January 24, 1997. SYLLABUS BY THE COURT CRIMINAL LAW — Felony Murder — Admissibility of Defendant’s Statements to Police — Admissibility of State’s Evidence Relating to Remain Silent in Unrelated Incident — Jury Instruction Not Required for […]
DILLON REAL ESTATE CO. v. CITY OF TOPEKA, 284 Kan. 662 (2007)
163 P.3d 298 DILLON REAL ESTATE CO., INC., MISSION TOWNSHIP, SHERWOOD IMPROVEMENT DISTRICT, AND STATE OF KANSAS ex rel. PHIL KLINE, ATTORNEY GENERAL, Appellants/Cross-appellees, v. THE CITY OF TOPEKA, Appellee/Cross-appellant. No. 95,162.[1] Supreme Court of Kansas. Opinion filed July 27, 2007. [1] REPORTER’S NOTE: Justice Donald L. Allegrucci heard oral arguments and participated in the […]
ABERCROMBIE v. STATE HIGHWAY COMMISSION, 185 Kan. 47 (1959)
340 P.2d 377 C.W. ABERCROMBIE and GRACE W. ABERCROMBIE, Appellees, v. STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant. No. 41,303Supreme Court of Kansas Opinion filed June 13, 1959. SYLLABUS BY THE COURT NEW TRIAL — Verdict — Disapproval by Court. The record examined in an eminent domain proceeding and the rule applied that […]
STATE v. MOPPIN, 245 Kan. 639 (1989)
783 P.2d 878 STATE OF KANSAS, Appellee, v. MICHAEL MOPPIN, Appellant. No. 62,425Supreme Court of Kansas Opinion filed December 8, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Criminal Sodomy — Conviction Cannot Be Based on Cunnilingus. Oral-genital stimulation between the tongue of a male and the genital area of a female, commonly […]
GRAYSON v. PYLES, 184 Kan. 116 (1959)
334 P.2d 341 SHEILA LYNN GRAYSON, VINCENT ROCKY GRAYSON, and BEVERLY GRAYSON, by FRANCIS LOGAN, Their Mother and Next Friend, Appellees, v. CARL R. GRAYSON, Appellee, (JOHN E. PYLES, Attorney at Law), Appellant. No. 41,168Supreme Court of Kansas Opinion filed January 24, 1959. SYLLABUS BY THE COURT ATTORNEYS — Contract of Employment — Lien for […]
STATE v. MOREHEAD, 287 Kan. 768 (2008)
State v. Morehead. No. 97,960.Supreme Court of Kansas. November 4, 2008. Appeal from the Unpublished. Petition For Review of Decision of The Court of Appeals Denied.
BELLAMY v. STATE, 36 Kan. App. 2d xi (2006)
Bellamy v. State. No. 94,365.Court of Appeals of Kansas. September 29, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
BOARD OF SEDGWICK COUNTY COMM’RS v. GRAHAM, 254 Kan. 260 (1993)
864 P.2d 1141 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, KANSAS, Appellant/Cross-appellee, v. WILLIAM LYMAN GRAHAM, JR., et al., (WANETTA K. BROWN, Appellee, and MARJORIE M. CURRIE, Appellee/Cross-appellant). THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, KANSAS, Appellant/Cross-appellee, v. WALDO F. BELL, et al., (ANN-JOLETA CAYWOOD, Appellee/Cross-appellant). Nos. 69,199, 69,200Supreme […]
STATE v. MALMSTROM, 291 Kan. 876 (2011)
249 P.3d 1 STATE OF KANSAS, Appellee, v. JAMES MALMSTROM, Appellant. No. 101,604.Supreme Court of Kansas. Opinion filed March 25, 2011. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Appellate Review. Statutory interpretation is a question of law over which an appellate court exercises unlimited review. 2. SAME — Conflicting Statutory Provisions with Different Sentences […]
STATE EX REL. STEPHAN v. WOLFENBARGER McCULLEY, P.A., 236 Kan. 183 (1984)
690 P.2d 380 STATE OF KANSAS, ex rel. ROBERT T. STEPHAN, Attorney General, Appellee, v. WOLFENBARGER and McCULLEY, P.A., Appellant, and LATIMER, MILLER, SOMMERS AND WALLACE, P.A., and ROBERT D. MILLER. No. 56,144Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Jury Verdict Attacked as Contrary […]
STATE v. MILLER, 42 Kan. App. 2d 12 (2009)
STATE OF KANSAS, Appellee, v. SAUL ARTHUR MILLER, Appellant. No. 99,232.Court of Appeals of Kansas. Opinion filed June 5, 2009. SYLLABUS BY THE COURT1. CONSTITUTIONAL LAW — Fifth Amendment Double Jeopardy Clause. The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, which is applicable to the states through the Fourteenth Amendment […]
SANFORD v. SMITH, 196 Kan. 538 (1966)
413 P.2d 95 JOHN SANFORD, Appellant, v. CHARLES K. SMITH, Appellee. No. 44,400Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT 1. TRIAL — Giving or Failure to Give Instructions — Necessity to Object Giving Grounds. A party may not assign as error the giving or failure to give an instruction […]
CITY OF WICHITA v. DEMERS, 177 Kan. 735 (1955)
281 P.2d 1106 CITY OF WICHITA, Appellee, v. PAUL J. DEMERS, Appellant. No. 39,700Supreme Court of Kansas Opinion filed April 9, 1955. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Power to Regulate Taxicabs — Validity of Ordinance. A city has broad discretionary powers to regulate the operation of taxicabs upon its streets, and an […]
KAW DRAINAGE DIST. v. ATTWOOD, 229 Kan. 594 (1981)
629 P.2d 163 KAW DRAINAGE DISTRICT, Plaintiff-Appellant, v. ARTHUR ATTWOOD, Defendant, and MARVIN HANSFORD, Defendant-Appellee, Cross-Appellant. No. 52,392Supreme Court of Kansas Opinion filed June 10, 1981. SYLLABUS BY THE COURT 1. WATERS — Riverbed of Navigable Rivers — Ownership. In Kansas, the title to the bed of a navigable river is vested in the state; […]
JENSEN INT’L v. KELLEY, 276 Kan. 968 (2003)
JENSEN INT’L v. KELLEY. No. 89,225.Supreme Court of Kansas. November 12, 2003. Reported below Unpublished. Petition for review denied.
IN RE ESTATE OF NONNAST, 168 Kan. 121 (1949)
211 P.2d 106 In the Matter of the Estate of Anna Nonnast, Deceased. JOSEPH A. NONNAST, Claimant, Appellant, v. EDWARD NONNAST, KATHRYN MUSBACH, LOUISE M. MUSBACH and IRENE WOODS, Appellees. No. 37,665Supreme Court of Kansas Opinion filed November 12, 1949. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Claim against Estate — Negative Finding — […]
STATE v. SANCHEZ-LAREDO, 42 Kan. App. 2d 1023 (2009)
220 P.3d 374 STATE OF KANSAS, Appellant, v. DINAH SANCHEZ-LOREDO, Appellee. No. 101,912.Court of Appeals of Kansas. Opinion filed November 25, 2009. SYLLABUS BY THE COURTSEARCH AND SEIZURE — Warrantless Search — Probable Cause Combined with Exigent Circumstances. A search without a warrant is allowed when probable cause is combined with exigent circumstances; in the […]
PLACE v. FALCON SEABOARD DRILLING CO., 186 Kan. 523 (1960)
350 P.2d 788 JACKIE N. PLACE, Appellee, v. FALCON SEABOARD DRILLING COMPANY, and THE STANDARD INSURANCE COMPANY, Appellants. No. 41,837Supreme Court of Kansas Opinion filed April 9, 1960. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Disability — Findings and Judgment Supported by Evidence. The record in a workmen’s compensation proceeding examined and, as more fully […]
IN RE MARRIAGE OF WEERS, 275 Kan. 964 (2003)
IN RE MARRIAGE OF WEERS. No. 88,528.Supreme Court of Kansas April 29, 2003. Reported below Unpublished. Petition for review denied.
MARTINEZ v. WALLY AUTO SALES, INC., 93,619 (Kan.App. 1-13-2006)
125 P.3d 1089 MARTINEZ v. WALLY AUTO SALES, INC. No. 93,619.Court of Appeals of Kansas. January 13, 2006. Appeal from Sedgwick. Decision without published opinion. Affirmed in part, reversed in part, and remanded with directions.
IN RE BRUNTON, 289 Kan. 1016 (2009)
221 P.3d 525 In the Matter of MICHAEL BRUNTON, Respondent. No. 96,581.Supreme Court of Kansas. November 10, 2009. ORDER ATTORNEY AND CLIENT — Disciplinary Proceeding — Release from Conditions Imposed by Supreme Court. On October 27, 2006, this court suspended the imposition of a disciplinary sanction against the respondent for 2 years. Se In re […]
STATE v. PETERMAN, 32 Kan. App. 2d xl (2004)
State v. Peterman. No. 90,120.Court of Appeals of Kansas. August 20, 2004. Appeal from the Reno. Unpublished Opinions Affirmed in part; reversed in part; remanded.
STATE v. HILL, 189 Kan. 403 (1962)
369 P.2d 365 THE STATE OF KANSAS, Appellant, v. RONNIE HILL, Appellee. No. 42,743Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Certainty and Definiteness of Criminal Statute — Due Process. A criminal statute which either forbids or requires the doing of an act in terms so […]
WATSON v. NARINE, 93,449 (Kan.App. 1-13-2006)
125 P.3d 1089 WATSON v. NARINE. No. 93,449.Court of Appeals of Kansas. January 13, 2006. Appeal from Sumner. Decision without published opinion. Affirmed.
IN RE ROSWOLD, 292 Kan. 136 (2011)
249 P.3d 1199 In the Matter of JAMES M. ROSWOLD, Respondent. No. 105,257.Supreme Court of Kansas. Opinion filed April 22, 2011. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed April 22, 2011. One year suspension. Alexander M. Walczak, Deputy Disciplinary Administrator, argued the cause, and […]
COLLINGWOOD v. KANSAS TURNPIKE AUTHORITY, 181 Kan. 43 (1957)
310 P.2d 211 JAMES H. COLLINGWOOD, Appellee and Cross-Appellant, v. KANSAS TURNPIKE AUTHORITY, Appellant. No. 40,334Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Consolidation — Appeals of Different Parties Interested — Separate Trials. Following Moore v. Kansas Turnpike Authority, No. 40,335, this day decided, the consolidation […]
IN RE HOWARD, 269 Kan. 414 (2000)
2 P.3d 766 In the Matter of BOYD W. HOWARD, II, Respondent. No. 84,677Supreme Court of Kansas Opinion filed June 2, 2000. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Two-Year Supervised Probation. Original proceeding in discipline. Opinion filed June 2, 2000. Two-year supervised probation. Edwin A. Van Petten, deputy disciplinary administrator, […]
BOHL v. BOHL, 234 Kan. 227 (1983)
670 P.2d 1344 NANCY LOU BOHL, Appellee, v. ROBERT J. BOHL, Appellant. No. 55,263Supreme Court of Kansas Opinion filed October 21, 1983. SYLLABUS BY THE COURT 1. JUDGMENTS — Enforcement of Judgment — Seizure of Nonexempt Property — Effect of Homestead Exemption. The officer to whom a writ of execution is directed shall seize only […]
GUILLAN v. WATTS, 249 Kan. 606 (1991)
822 P.2d 582 RAMON A. GUILLAN, Plaintiff-Appellant, v. MELBA N. WATTS, Defendant, and ALLSTATE INSURANCE COMPANY, Intervenor-Appellee. No. 64,874Supreme Court of Kansas Opinion filed December 6, 1991. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Multiple Lawsuits Not Favored. As a general rule, multiple litigation is never desirable and there is a public interest economically […]
TUGGLE v. CATHERS, 174 Kan. 122 (1953)
254 P.2d 807 NANNIE JANE TUGGLE, Administratrix of the Estate of Charles Tuggle, Deceased, Appellee, v. KENNETH KING CATHERS, Appellant. No. 38,838Supreme Court of Kansas Opinion filed March 7, 1953. SYLLABUS BY THE COURT AUTOMOBILES — Demurrer to Evidence — Judgment Non Obstante Veredicto. The record in an action for wrongful death occasioned by a […]
WALLING v. McKUNE, 32 Kan. App. 2d xlv (2004)
Walling v. McKune. No. 92,113.Court of Appeals of Kansas. August 27, 2004. Appeal from the Leavenworth. Unpublished Opinions Affirmed.
IN RE MARRIAGE OF WALJE, 19 Kan. App. 2d 809 (1994)
877 P.2d 7 IN THE MATTER OF THE MARRIAGE OF KENNETH J. WALJE, Appellee, and CAROL A. WALJE, Respondent, and DISTRICT COURT TRUSTEE, Appellant. No. 70,369Court of Appeals of Kansas Opinion filed June 24, 1994 Petition for review denied 255 Kan. 1002 (1994). SYLLABUS BY THE COURT 1. JUDGMENTS — Relief from Judgment — Trial […]
STATE v. ENGELKING, 283 Kan. 932 (2007)
State v. Engelking. No. 95,556.Supreme Court of Kansas. March 27, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
JONES v. NEUROSCIENCE ASSOCS., INC., 250 Kan. 477 (1992)
827 P.2d 51 RUBY JONES, Appellant, v. NEUROSCIENCE ASSOCIATES, INC., P.A., ROBERT M. BEATTY, M.D., ANESTHESIOLOGY CHARTERED, and STEVEN G. COHN, M.D., Appellees. No. 66,529Supreme Court of Kansas Opinion filed February 28, 1992. SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Trial Court Considerations When Ruling on Summary Judgment Motion. In considering a […]
SCHULTE v. FRANKLIN, 6 Kan. App. 2d 651 (1981)
633 P.2d 1151 RAYMOND R. SCHULTE and HENRIETTA H. SCHULTE, husband and wife, Appellants and Cross-appellees, v. KENNETH L. FRANKLIN, Appellee and Cross-appellant. No. 51,548Court of Appeals of Kansas Opinion filed August 21, 1981 SYLLABUS BY THE COURT 1. CONTRACTS — Usurious Interest Rates — Statutory Penalties Mandatory. The statutory penalties for the assessment of […]
STATE v. HOLLAND, 236 Kan. 840 (1985)
696 P.2d 401 STATE OF KANSAS, Appellant, v. RORY C. HOLLAND, Appellee. No. 56,801Supreme Court of Kansas Opinion filed March 2, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal by State on Question Reserved. Questions reserved by the State in a criminal prosecution will not be entertained on appeal merely to demonstrate whether […]
LASSLEY v. STATE, 2 Kan. App. 2d 158 (1978)
576 P.2d 1094 PAUL R. LASSLEY, Appellant, v. STATE OF KANSAS, Appellee. No. 49,208Court of Appeals of Kansas Opinion filed March 31, 1978 Petition for review denied May 12, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Impeaching Defendant’s Testimony — Evidence of Post-Miranda Silence. The rule of Doyle v. Ohio, 426 U.S. 610, […]
IN RE GREIVING, 269 Kan. 1 (2000)
998 P.2d 509 In the Matter of MICHAEL SCOTT GREIVING, Respondent. Bar Docket No. 14652.Supreme Court of Kansas April 20, 2000. ORDER OF DISBARMENT In a letter dated April 11, 2000, to the Clerk of the Appellate Courts, respondent Michael Scott Greiving, an attorney admitted to practice law in the state of Kansas, voluntarily surrendered […]
STATE v. CHESTNUT, 281 Kan. 1379 (2006)
State v. Chestnut. No. 92,833.Supreme Court of Kansas. June 9, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. MONTES, 28 Kan. App. 2d 768 (2001)
21 P.3d 592 STATE OF KANSAS, Appellee, v. JOHNNY J. MONTES, Appellant. No. 84,253Court of Appeals of Kansas Opinion filed: April 6, 2001. Petition for review denied 271 Kan. 1040 (2001). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Kidnapping — Sufficiency of Evidence under Facts of Case to Support Conviction. In a prosecution […]
SMITH v. KANSAS DEPT. OF CORRECTIONS, 94,094 (Kan.App. 12-16-2005)
124 P.3d 521 SMITH v. KANSAS DEPT. OF CORRECTIONS. No. 94,094.Court of Appeals of Kansas. December 16, 2005. Appeal from Butler. Decision without published opinion. Affirmed.
WHITE v. LARKIN, 170 Kan. 317 (1950)
224 P.2d 668 WILLIAM L. WHITE, Appellant, v. PAUL LARKIN: W.V. COVERT: PAUL LARKIN and W.V. COVERT, doing business as COVERT LARKIN, a Partnership; J.F. PATTERSON, and HARTFORD ACCIDENT INDEMNITY COMPANY, a Corporation, Appellees. No. 38,088Supreme Court of Kansas Opinion filed December 9, 1950. SYLLABUS BY THE COURT DAMAGES — Punitive Damages — Sufficiency of […]
CARSON v. McDOWELL, 203 Kan. 40 (1969)
452 P.2d 828 DAVID W. CARSON, Appellant, v. JOSEPH H. McDOWELL, Mayor; EARL B. SWARNER, Commissioner of Finance and Public Property; JOSEPH REGAN, Commissioner of Boulevards and Parks; THE CITY OF KANSAS CITY, KANSAS, and MEADOW OAKS COUNTRY CLUB, INC., Intervenor, Appellees. Nos. 45,210 and 45,292Supreme Court of Kansas Opinion filed April 12, 1969. SYLLABUS […]
CANAAN v. STATE, 286 Kan. 1176 (2008)
Canaan v. State. No. 97,073.Supreme Court of Kansas. September 24, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
TAYLOR v. RENO COUNTY, 242 Kan. 307 (1987)
747 P.2d 100 MARY TAYLOR, individually and as mother, next friend, and natural guardian of ERIC TAYLOR, a minor, Appellant, v. RENO COUNTY, KANSAS, and JAMES MELVIN, Appellees. No. 60,558Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. TORTS — Governmental Immunity — Tort Claims Act Does Not Extend beyond […]
BERGMAN v. COMMERCE TRUST CO., 35 Kan. App. 2d 301 (2006)
129 P.3d 624 BRADLEY A. BERGMAN and ELIZABETH R. BERGMAN, Appellants, v. COMMERCE TRUST COMPANY, N.A., AND MARY RICHARDSON, Appellees. No. 93,936.Court of Appeals of Kansas. Opinion filed March 10, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Summary Judgment Based on Stipulated Facts — Appellate Review. When summary judgment motions are decided on […]
DUTTON v. SIMPSON, 173 Kan. 831 (1953)
252 P.2d 619 LANE A. DUTTON, Executor, Appellee, v. NITA B. SIMPSON, Appellant. No. 38,798Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT INCOMPETENT PERSONS — Capacity to Make Deed — Evidence. In an action to set aside a deed to land on account of lack of mental capacity — Held […]
MURPHY v. CENTRAL KANSAS ELECTRIC COOPERATIVE ASS’N, 178 Kan. 210 (1955)
284 P.2d 591 ALMA J. MURPHY, Appellee, v. CENTRAL KANSAS ELECTRIC COOPERATIVE ASSOCIATION, INC., a Corporation, Appellant. No. 39,703Supreme Court of Kansas Opinion filed June 11, 1955. SYLLABUS BY THE COURT ELECTRICITY — Liability for Injuries — Care Required — Restricting Cross-examination. The record examined in an action for damages for wrongful death occasioned by […]
POPP v. MOTOR VEHICLE DEPARTMENT, 211 Kan. 763 (1973)
508 P.2d 991 KENNETH D. POPP, Appellant, v. MOTOR VEHICLE DEPARTMENT, Appellee. No. 46,674Supreme Court of Kansas Opinion filed April 7, 1973. SYLLABUS BY THE COURT 1. AUTOMOBILES — Right to Operate Motor Vehicle a Privilege — Subject to Reasonable Regulation. It is an elementary rule of law that the right to operate a motor […]
IN RE MARRIAGE OF KARST, 29 Kan. App. 2d 1000 (2001)
34 P.3d 1131 IN THE MATTER OF THE MARRIAGE OF JOLENE MARIE KARST, Appellee, and MELVIN B. KARST, Appellant. No. 85,494Court of Appeals of Kansas Opinion filed: November 21, 2001. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Interpretation of Child Support Guidelines — Appellate Review. The standard of review of […]
IN RE LIQUIDATION OF NAT’L COLONIAL INS. CO., 20 Kan. App. 2d 802 (1995)
892 P.2d 926 In the Matter of the Liquidation of NATIONAL COLONIAL INSURANCE COMPANY. No. 71,280Court of Appeals of Kansas Opinion filed April 7, 1995 SYLLABUS BY THE COURT 1. INSURANCE — Insurers Supervision, Rehabilitation and Liquidation Act. The Insurers Supervision, Rehabilitation and Liquidation Act, K.S.A. 40-3605 et seq., is construed and applied. 2. RECEIVERSHIP […]
HANKS v. RIFFE CONSTR. CO., 232 Kan. 800 (1983)
658 P.2d 1030 JANET D. HANKS, Plaintiff-Appellant, v. RIFFE CONSTRUCTION COMPANY, ALTON OWENS, d/b/a OWENS DRYWALL, and KENNELL BUILDING MATERIALS, INC., Defendants-Appellees. No. 54,601Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — When Granted. Summary judgment, pursuant to K.S.A. 60-256, should be entered only if there is […]
STATE EX REL. STOVALL v. RELIANCE INSURANCE COMPANY, 278 Kan. 3 (2004)
91 P.3d 531 STATE of KANSAS ex rel. CARLA J. STOVALL, Appellant, v. RELIANCE INSURANCE COMPANY, GEORGE M. MYERS, INC., d/b/a GMM, INC., PROFESSIONAL MECHANICAL CONTRACTORS, INC., DEAN E. NORRIS, INC., and AMERICAN THERMAL PRODUCTS, INC., Appellees. No. 87,393Supreme Court of Kansas Opinion filed: June 18, 2004. [EDITORS’ NOTE: PAGES 3-23 ORDERED WITHDRAWN FROM THIS […]
CITY OF BONNER SPRINGS v. CLARK, 3 Kan. App. 2d 8 (1978)
588 P.2d 477 CITY OF BONNER SPRINGS, KANSAS, Appellee, v. BILL CLARK and SANDY CLARK, Appellants. No. 49,509Court of Appeals of Kansas Opinion filed December 22, 1978 SYLLABUS BY THE COURT APPELLATE PROCEDURE — Appeal from Municipal Court Conviction. In order to perfect an appeal from a conviction in municipal court to the district court […]
FIRST NATL. BANK OF LAWRENCE v. METHODIST HOME FOR AGED, 181 Kan. 100 (1957)
309 P.2d 389 THE FIRST NATIONAL BANK OF LAWRENCE, KANSAS, a Corporation, Administrator with the Will Annexed of the Estate of Bertha C. Ellsworth, Deceased, Appellee, v. THE METHODIST HOME FOR THE AGED, a Corporation, Appellant. No. 40,445Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. CONTRACTS — Interpretation and […]
STATE v. CARLSGAARD, 36 Kan. App. 2d xix (2006)
State v. Carlsgaard. No. 94,979.Court of Appeals of Kansas. August 4, 2006. Appeal from the Seward. Unpublished Opinions Affirmed.
IN RE McINTOSH, 268 Kan. 73 (1999)
991 P.2d 403 In the Matter of MICHAEL R. McINTOSH, Respondent. No. 83,037Supreme Court of Kansas Opinion Filed October 29, 1999. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed October 29, 1999. Indefinite suspension. Marty M. Snyder, deputy disciplinary administrator, argued the cause and […]
ALLEY v. CHICAGO, ROCK ISLAND PACIFIC RLD. CO., 213 Kan. 457 (1973)
516 P.2d 967 T.O. ALLEY and EVALENA ALLEY, Appellees, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant. No. 47,043Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT 1. RAILROADS — Accidents at Crossing — Track is Warning of Danger. A railway track is itself a warning of danger. While a […]
STATE, EX REL., v. AMERICAN OIL CO., 202 Kan. 185 (1968)
446 P.2d 754 STATE OF KANSAS, ex rel. ROBERT C. LONDERHOLM, Attorney General; THE STATE HIGHWAY COMMISSION OF KANSAS, Appellees, v. AMERICAN OIL COMPANY; COLORADO OIL AND GAS CORPORATION; PHILLIPS PETROLEUM COMPANY; SKELLY OIL COMPANY; MOBIL OIL CORPORATION; WILSHIRE OIL COMPANY OF TEXAS; ARCHIBALD C. JONES, Appellants. No. 45,396Supreme Court of Kansas Opinion filed November […]
LONGENECKER v. ZIMMERMAN, 175 Kan. 719 (1954)
267 P.2d 543 MATILDA S. LONGENECKER, Appellant, v. MRS. H. WADE ZIMMERMAN, Appellee. No. 39,030Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT TRESPASS — Unauthorized Invasion — Damages. From every unauthorized invasion of the person or property of another, the law infers some damage without proof of actual injury. Appeal […]