Category: Kansas Court Opinions

530 P.2d 1225 CHARLES E. FANCHER and VIRGINIA D. FANCHER, Appellees, v. CARSON-CAMPBELL, INC., MARYSVILLE MUTUAL INSURANCE COMPANY AND FARMERS AND MERCHANTS STATE BANK, Appellants. No. 47,517Supreme Court of Kansas Opinion filed January 25, 1975. SYLLABUS BY THE COURT 1. INSURANCE — Mortgage Clause — New and Independent Contract. The standard or union mortgage clause […]

208 P.3d 317 STATE OF KANSAS, Appellee, v. DANIEL S. ULREY, Appellant. No. 98,411.Court of Appeals of Kansas. Opinion filed May 29, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Traffic Stop — Law Enforcement Officer May Order Driver Out of Vehicle. Once a police officer lawfully detains a vehicle for a traffic violation, the […]

283 P.2d 480 THE BIG CHIEF SALES COMPANY, INC., and THE BIG CHIEF MANUFACTURING COMPANY, INC., Appellants, v. F. WESLEY LOWE, Appellee. No. 39,626Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT CONTRACTS — Erection of Building — Contract Not Divisible — Sufficiency of Performance — Admissibility of Evidence — Costs. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

116 P.3d 770 STATE v. COPE. No. 92,215.Court of Appeals of Kansas. August 5, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

219 P.2d 353 JOE MUSCIA, Petitioner, v. LEONARD S. TURNER, Sheriff of Leavenworth County, and W.D. PARKER, Agent of the State of Missouri, Respondents. No. 37,911Supreme Court of Kansas Opinion filed June 10, 1950. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Extradition Proceedings — Burden of Proof. The proof that a person is not […]

453 P.2d 46 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, STATE OF KANSAS, Appellant, v. PAUL C. LEWIS, MARK E. LEWIS, CHARLES F. LEWIS, TED C. LEWIS, PAUL K. LEWIS, WILLIAM LEWIS, and DON E. LEWIS, a Co-Partnership Doing Business Under the Firm Name and Style of Lewis Brothers Hardware and Lesco […]

184 P.3d 923 In the Matter of DWIGHT ALAN CORRIN, Respondent. Nos. 96,885, 99,494.Supreme Court of Kansas. Opinion filed June 6, 2008. ORIGINAL PROCEEDINGS IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceedings in discipline. Opinion filed June 6, 2008. Indefinite suspension. Janith A. Davis, deputy disciplinary administrator, argued the cause and […]

223 P.2d 726 STATE OF KANSAS, Appellee, v. ALFRED T. BERRY, Appellant. No. 38,111Supreme Court of Kansas Opinion filed November 10, 1950. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal — Evidence and Witnesses. The credibility of witnesses and the weight to be accorded their testimony are for the jury and are not subject […]

105 P.3d 279 GIBSON v. STATE. No. 91,540.Court of Appeals of Kansas February 4, 2005. Appeal from the Riley. Decision without published opinion. Affirmed.

410 P.2d 308 STATE OF KANSAS, ex rel. HARRISON SMITH, County Attorney of Finney County, Kansas, Appellee, v. FAIRMONT FOODS COMPANY, a Corporation, and ED THORPE, Appellants. No. 44,248Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT CONSTITUTIONAL LAW — Dairy Practices Act — Gifts to Consumers — Validity. In an […]

689 P.2d 837 EARL D. HORMANN, Appellee, v. NEW HAMPSHIRE INSURANCE COMPANY, AMERICAN INTERNATIONAL ADJUSTMENT COMPANY, INC., and RICHARD L. HULSE, Appellants. MICHAEL C. SNYDER and HAZEL M. SNYDER, Appellants, v. HOME INDEMNITY COMPANY, and MARK A. WOLF, Appellees. Nos. 56,184, 56,211Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT 1. […]

894 P.2d 226 TAD GARRISON, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant/Counterclaimant-Appellee, and DAIRYLAND INSURANCE COMPANY, Intervenor/Counterclaimant-Appellee, and KURT PFANNENSTIEL, Counterclaimant-Defendant. No. 71,055Court of Appeals of Kansas Opinion filed April 21, 1995 Aff’d 258 Kan. ___ (December 8, 1995). SYLLABUS BY THE COURT 1. CONTRACTS — Insurance Policy — Construction by Appellate Court. […]

469 P.2d 459 KENNETH GEORGE, BARBARA RUTH GEORGE, RICHE GEORGE UMBARGER and SHERRE D. GEORGE McCUE, Appellants and Cross-Appellees, v. W-G FERTILIZER, INC., THAYER, KANSAS, and W. REX WOODS, Appellees and Cross-Appellants. No. 45,652Supreme Court of Kansas Opinion filed May 9, 1970. SYLLABUS BY THE COURT 1. EQUITY — Conditions to Relief. One who invokes […]

39 P.3d 47 STATE OF KANSAS, Appellee, v. MICHAEL L. JENKINS, Appellant. No. 86,320Supreme Court of Kansas Opinion filed: February 1, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence in a criminal case is challenged, the standard of review is whether, after […]

548 P.2d 740 EDWARD T. STEWART, Appellee, v. LARRY CUNNINGHAM and JOLEEN CUNNINGHAM, Appellants. No. 47,893Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT 1. MECHANICS’ LIENS — Contractor Defined. A contractor is one who furnishes labor or materials under a contract direct with the owner for the improvement of property. […]

12 P.3d 392 STATE OF KANSAS, Appellee, v. DANNY M. HILDEBRANDT, Appellant. No. 80,542Supreme Court of Kansas Opinion filed October 27, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Psychiatric Commitment of Defendantr to Larned State Security Hospital in Lieu of Sentencing — Sentencing Disposition When Defendant Returned Trial Court. When a convicted felon […]

485 P.2d 1271 LEE CROPP, an Individual, and ELMER E. FOX, et al., d/b/a ELMER FOX and COMPANY, a partnership, Plaintiffs-Petitioners, v. FREDERICK WOLESLAGEL, Judge 20th Judicial District, Division No. 1, Defendant-Respondent. NORMAN A. GROOMS, Plaintiff-Petitioner, v. FREDERICK WOLESLAGEL, Judge 20th Judicial District, Division No. 1, Defendant-Respondent. LESTER L. VALENTINE, Plaintiff-Petitioner, v. FREDERICK WOLESLAGEL, Judge […]

961 P.2d 677 SCHMIDT, et al., Appellees/Cross-appellants, v. HTG, INC., et al., Appellants/Cross-appellees. Nos. 79,039, 79,040Supreme Court of Kansas Opinion filed June 5, 1998 SYLLABUS BY THE COURT 1. CIVIL RIGHTS — State Actor Generally Not Liable for Private Misdeeds — Danger Creation Theory Exception — Elements Necessary to Prove Exception. When a 42 U.S.C. […]

148 P.3d 565 TOWN CENTER SHOPPING CENTER, LLC, Appellee, v. PREMIER MORTGAGE FUNDING, INC., Appellant. No. 94,917.Court of Appeals of Kansas. Opinion filed December 22, 2006. Petition for review denied 283 Kan. 933 (2007). SYLLABUS BY THE COURT1. AGENCY — Existence of Agency Relationship — Burden of Proof — Appellate Review. What constitutes an agency […]

130 P.3d 69 STATE OF KANSAS, Appellee, v. JEFFREY L. DAVIS, Appellant. No. 90,982.Supreme Court of Kansas. Opinion filed March 17, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Court without Jurisdiction to Impose Sentence — Illegal Sentence. A sentence imposed without jurisdiction is an illegal sentence. 2. JURISDICTION — Judgment Rendered without […]

855 P.2d 919 STATE OF KANSAS, Appellee, v. CLIFFORD D. STEADMAN, Appellant. No. 67,861Supreme Court of Kansas Opinion filed July 9, 1993. SYLLABUS BY THE COURT 1. TRIAL — Opinion Testimony — Admissibility. The admissibility of opinion testimony on the ultimate issue or issues has its limitations. Opinion testimony is admissible only if it will […]

564 P.2d 574 ALLIS M. JONES, Appellee, v. DAVID J. SMITH, Defendant, and WESTERN CASUALTY AND SURETY COMPANY, Garnishee-Appellant. No. 48,282Court of Appeals of Kansas Opinion filed May 20, 1977 Petition for review denied July 11, 1977. SYLLABUS BY THE COURT 1. ELECTION OF REMEDIES — Insurance — Suit against Insured Tortfeasor — Injured Party […]

133 P.3d 11 STATE OF KANSAS, Appellee, v. STURGEON STEWART, Appellant. No. 93,180.Supreme Court of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged in a criminal case, the standard of review is whether, after review of […]

752 P.2d 119 STATE OF KANSAS, Appellant, v. FRANK DARRELL GUY, a/k/a ARTHUR LEE JONES, Appellee, and STATE OF KANSAS, Appellant, v. ANTHONY ALBERT STONE, Appellee. Nos. 60,813, 60,814Supreme Court of Kansas Opinion filed March 25, 1988. SYLLABUS BY THE COURT CRIMINAL LAW — Law Enforcement Officer Has Authority to Stop Speeding Vehicle. A law […]

366 P.2d 805 VELMA (TOMASELLI) LEVERETTE, Appellee, v. SANTO TOMASELLI, JOHN TOMASELLI and JENNIE TOMASELLI, Appellants. No. 42,587Supreme Court of Kansas Opinion filed December 9, 1961. SYLLABUS BY THE COURT HABEAS CORPUS — Custody of Minor Child — Domicile — Jurisdiction. In 1955 the parents of a minor daughter were divorced in Sedgwick county. Custody […]

993 P.2d 1237 STATE OF KANSAS, Appellee, v. MARLIN D. LONG, Appellant. No. 81,116.Court of Appeals of Kansas Opinion filed: December 10, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Multiple Rape Convictions Involving Same Victim and Defendant — Not Multiplicitous Under Facts. Facts and circumstances underlying five rape convictions involving the same victim, […]

770 P.2d 490 GUILLERMO RAMIREZ, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 62,242Court of Appeals of Kansas Opinion filed March 10, 1989 Petition for review denied 244 Kan. 738. SYLLABUS BY THE COURT CRIMINAL LAW — Driving under Influence — Refusal of Driver to Take Breath Test — Police Officer Not Required to Inform […]

974 P.2d 597 SIDNEY C. JOHNSON, SR. Appellant, v. PRAVEEN S. MEHTA, M.D., and ST. JOSEPH HOSPITAL, CLOUD COUNTY HEALTH CENTER, INC., Appellees. No. 80,792Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT PHYSICIANS AND SURGEONS — Medical Malpractice Screening Panel — Payment of Panel Costs — Where Legislature Has Mandated […]

709 P.2d 986 In the Matter of DOUGLAS A. PRICE, Respondent. Nos. 58,143, 58,515Supreme Court of Kansas Opinion filed December 6, 1985. ORIGINAL PROCEEDINGS IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Two original proceedings in discipline. Continued indefinite suspension. Opinion filed December 6, 1985. Roger N. Walter, counsel for the disciplinary […]

766 P.2d 811 STATE OF KANSAS, Appellee, v. GARY WADE, Appellant. No. 61,678Supreme Court of Kansas Opinion filed January 3, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Criminal Sodomy — Effect of Failure to State Essential Element that Child Victim Is Not Married to Accused. That the child victim is not married […]

255 P.2d 1000 GEORGE HORN, ALICE GINGLES SHACKLETON, CHARLES A. GREEN and SARA E. GREEN, Appellees, v. GLEN SEEGER and MARGARET SEEGER, Appellants. No. 38,777Supreme Court of Kansas Opinion filed April 11, 1953. SYLLABUS BY THE COURT INJUNCTIONS — Dissolution or Modification — Sufficiency. In a proceeding to dissolve or modify a mandatory injunction, the […]

110 P.3d 1053 STATE v. JOHNSON. No. 92,071.Court of Appeals of Kansas. May 6, 2005. Appeal from the Reno. Decision without published opinion. Affirmed.

659 P.2d 243 CONSTRUCTION MATERIALS, INC. d/b/a SPRINGHILL LUMBER, Appellant, v. ELDON W. BECKER and MARCIA D. BECKER; C. DENNIS REESE and LORENE L. REESE; REGIONAL INVESTMENT CO., and FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellees. No. 54,410Court of Appeals of Kansas Opinion filed February 24, 1983 Petition for review denied 233 Kan. 1091 (1983). SYLLABUS BY […]

388 P.2d 637 O.J. CONNELL, JR., and ELDON SCHWEMMER, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee. No. 43,352Supreme Court of Kansas Opinion filed January 25, 1964. SYLLABUS BY THE COURT 1. TRIAL — When Pretrial Order Appealable. The nature, purpose and effect of pretrial procedure considered, and it is held an order made […]

46 P.3d 1155 STATE OF KANSAS, Appellee, v. JERRY D. RICE, Appellant. No. 86,920Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Hard 40 Sentence — Motion to Correct Illegal Sentence Based on Jury’s Omission of Term “Especially” When It Found Aggravating Factor Crime Committed in […]

992 P.2d 819 STATE OF KANSAS, Appellee, v. ANTHONY H. PATTON, Appellant. No. 81,647Court of Appeals of Kansas Opinion filed November 19, 1999. SYLLABUS BY THE COURT 1. STREETS AND HIGHWAYS — “Highway” Definition Varies Depending on Legislative Purpose. The Kansas Legislature has defined “highway” differently for purposes of regulating traffic and promoting safety in […]

556 P.2d 202 LOUIS R. NEUMER, Appellant, v. YELLOW FREIGHT SYSTEM, INC., Appellee. No. 47,916Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Contract of Employment. Unless otherwise provided in the contract of employment, the Kansas workmen’s compensation act (prior to 1974) did not apply to an […]

836 P.2d 1164 STATE OF KANSAS, Appellant, v. ROBERT D. McCLANAHAN, Appellee. No. 67,091Supreme Court of Kansas Opinion filed July 10, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Single Impulse Rule (Single Larceny Doctrine) — Application When Series of Thefts Committed by Same Individual. The single larceny doctrine, also known as the single […]

681 P.2d 1067 WALTER J. WILLARD, Appellant, v. CITY OF KANSAS CITY, KANSAS, a Municipal Corporation, Appellee. No. 55,933Supreme Court of Kansas Opinion filed June 8, 1984. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Considerations by Trial Court When Ruling on Motion. In considering a motion for summary judgment, the party against whom the […]

381 P.2d 508 JIMMIE DAN SNYDER, Appellant, v. GARY LAMB d/b/a LAMB’S LANDSCAPING, and WESTERN CASUALTY AND SURETY COMPANY, Appellees. No. 43,440Supreme Court of Kansas Opinion filed May 11, 1963. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Independent Contractor — Evidence. The respondent had a contract to raze an old gasoline service station. Claimant, who […]

412 P.2d 984 CLARENCE H. TIMMERMEYER, Appellant, v. DERRYL BRACK, d/b/a LEGION CLUB, Appellee. No. 44,369Supreme Court of Kansas Opinion filed April 9, 1966. SYLLABUS BY THE COURT 1. TRIAL — Summary Judgment — Pretrial Discovery. Summary judgment should not be entered if there remains a genuine issue of a material fact, nor where the […]

253 P.3d 383 STATE OF KANSAS, Appellee, v. WILLIAM D. DILLON, Appellant. No. 102,724.Court of Appeals of Kansas. Opinion filed June 17, 2011. SYLLABUS BY THE COURTCRIMINAL LAW — Sentencing — Presumptive Sentence — Appellate Court without Jurisdiction to Review Presumptive Sentence. Under K.S.A. 21-4721(c)(1), appellate courts do not have jurisdiction to review presumptive sentences. […]

684 P.2d 379 STATE OF KANSAS, ex rel. Secretary of Social and Rehabilitation Services, Plaintiff-Appellee, v. ANTHONY J. CASTRO, Defendant-Appellant. No. 56,075Supreme Court of Kansas Opinion filed June 8, 1984. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Payments Made by State SRS — Reimbursement Required from Absent Parent — Constitutionality […]

394 P.2d 37 JAYHAWK EQUIPMENT CO., a Corporation, Appellee, v. WILMA A. MENTZER, Appellant. No. 43,780Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT 1. DIVORCE — Wife a Quasi Creditor of Husband. A wife in a divorce action, if not an actual creditor of the husband, is at least such […]

744 P.2d 523 CITY OF OVERLAND PARK, KANSAS, Appellee, v. KENNETH J. DENNING, Appellant. No. 60,252Court of Appeals of Kansas Opinion filed October 29, 1987 Petition for review denied December 21, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence — Constitutionality of Municipal Ordinance. Overland Park Municipal Ordinance 12.04.030, which prohibits […]

64 P.3d 972 STATE OF KANSAS, Appellee, v. ANTHONY D. WARD, Appellant. No. 87,049.Court of Appeals of Kansas. Opinion filed February 28, 2003. SYLLABUS BY THE COURT1. EVIDENCE — Motion in Limine — Preservation of Issue on Appeal. When a motion in limine or a motion to suppress is denied, the moving party must object […]

303 P.2d 121 JAMES H. PHILLIPS, alias Arthur Osborne Phillips, Appellant-Petitioner, v. ARTHUR HOFFMAN, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee-Respondent. Nos. 40,303 and 40,417Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT HABEAS CORPUS — Failure to Establish Grounds — Writ Denied. The record examined where an appeal from the […]

392 P.2d 140 In the Matter of the Application of Eleanor Miller Stafford for a Writ of Habeas Corpus. ELEANOR MILLER STAFFORD, Appellant, v. WALTON GOODE and EUNICE A. GOODE, Appellees. No. 43,694Supreme Court of Kansas Opinion filed May 9, 1964. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Parent’s Right to Custody — […]

422 P.2d 1009 ALBERT E. MARTIN, Appellant, v. MUTUAL OF OMAHA INSURANCE COMPANY, a Corporation, Appellee. No. 44,614Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS BY THE COURT INSURANCE — Health and Accident Policy — False Statements in Application. The effect of false statements in an application for health and accident insurance on […]

594 P.2d 156 ARTHUR H. SEUTE, Appellant, v. AMERICAN OIL COMPANY, Appellee. No. 49,430Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT 1. JUDGMENTS — Res Judicata. The doctrine of res judicata is applicable to a cause of action finally determined between the parties on the merits without appeal. 2. EVIDENCE […]

522 P.2d 412 GALEN TRUAX and CHARLES STUTZMAN, Co-executors of the Will of LENA H. HOGAN, Appellees, v. SOUTHWESTERN COLLEGE, Oklahoma City, Okla.; PENTECOSTAL HOLINESS CHURCH, Dodge City, Kan.; KANSAS CONFERENCE OF THE PENTECOSTAL HOLINESS CHURCH, Appellants, and FIRST FEDERAL SAVINGS LOAN ASSN., Dodge City, Kansas, Appellee. No. 47,329Supreme Court of Kansas Opinion filed May […]

869 P.2d 653 In the Matter of the Marriage of RACHEL G. WELLIVER, Appellee, and EDWIN D. WELLIVER, Appellant. No. 69,396Supreme Court of Kansas Opinion filed March 4, 1994. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Construction of Code of Civil Procedure. The Kansas Code of Civil Procedure, K.S.A. 60-101 et seq., is to […]

960 P.2d 227 RAYMOND F. STANSBURY, Appellee/Cross-Appellant, v. ROBERT D. HANNIGAN, et al., Appellants/Cross-Appellees. No. 79,384Supreme Court of Kansas Opinion filed June 5, 1998 SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Ex Post Facto Law. The United States Constitution’s ex post facto prohibition forbids legislative enactment of any law which imposes a punishment for […]

694 P.2d 418 STATE OF KANSAS, Appellee, v. DWAYNE MERTHA DAVIS, Appellant. No. 56,502Supreme Court of Kansas Opinion filed January 26, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Res Gestae. Acts done or declarations made before, during or after the happening of the principal fact may be admissible as part of the res […]

520 P.2d 1285 HOMER D. CAMPBELL, GALE D. SQUIER, and CAMPBELL ABSTRACT AND INSURANCE CO., INC., Appellees, v. LOYD W. FOWLER, JR. and PATSY JUNE FOWLER, Appellants. No. 47,247Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. BROKERS — Commission — Buyer Ready, Willing and Able to Purchase. In order […]

552 P.2d 938 KEITH WILCHECK, Appellant, v. DOONAN TRUCK EQUIPMENT, INC., DOONAN TRUCK EQUIPMENT OF WICHITA, INC., DIESEL EQUIPMENT CO., INC., and THE JACOBS MANUFACTURING COMPANY, Appellees. No. 47,975Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. PRODUCTS LIABILITY — Proof of Defect a Prerequisite to Recovery. Regardless of the […]

152 P.3d 660 MARCUS B. WASHINGTON, Appellant, v. RAY N. ROBERTS, Appellee. No. 96,429.Court of Appeals of Kansas. Opinion filed February 23, 2007. SYLLABUS BY THE COURT1. HABEAS CORPUS — Dismissal of Petition — Failure of Petitioner to State Claim upon Which Relief Can Be Granted — Appellate Review In reviewing a trial court’s order […]

130 P.3d 117 WILLIAM F. MUNCK, Appellant, v. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellee. No. 94,800.Court of Appeals of Kansas. Opinion filed March 10, 2006. SYLIABUS BY THE COURT1. ADMINISTRATIVE LAW — Judicial Review of Decision of Administrative Agency — Reversal of Decision When Court Determines It Is Not Supported by Substantial Competent Evidence. Under […]

850 P.2d 801 In the Matter of JOHN R. HOOGE, Respondent. No. 69,196Supreme Court of Kansas Opinion filed April 16, 1993. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed April 16, 1993. One-year suspension. Bruce E. Miller, disciplinary administrator, argued the cause and was […]

255 P.2d 654 LLOYD L. DAVIDSON, Appellant, v. W.J. WHITLOW, T.R. HOOVER, C.L. GOFF, E. ALLSUP, and all other persons who were members of the CONDUCTORS ENGINEERS CLUB as of December, 1947, and subsequent thereto, whose names and residences are to plaintiff unknown; THE CONDUCTORS ENGINEERS CLUB operating by and through its officers, W.J. WHITLOW, […]

66 P.3d 805 In the Matter of DANIEL L. FRANCO, Respondent. No. 89,828.Supreme Court of Kansas Opinion filed April 18, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Prohibition from Appearing as an Attorney in Kansas. Original proceeding in discipline. Opinion filed April 18, 2003. Indefinite prohibition from appearing in a Kansas court, administrative […]

397 P.2d 331 THE STATE OF KANSAS, on the Relation of WILLIAM M. FERGUSON, Attorney General; WALTER REED GAGE, Director of Kansas Alcoholic Beverage Control; W.B. KIRKPATRICK, Assistant Attorney General; and ROBERT M. BROWN, County Attorney of Shawnee County, Kansas, Appellant, v. DONALD J. GRACE and ARLINE GRACE; GRACE’S CARAVAN CLUB, and JOHN DOE and […]

464 P.2d 233 TOMMY C. ATKINS, Appellant, v. ROBERT P. BAYER, Appellee. No. 45,520Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Testimony in Form of Opinion. Expert testimony in the form of an opinion is not objectionable because it embraces the ultimate issue to be decided […]

258 P.2d 268 THE FARMERS UNION ELEVATOR COMPANY, a corporation, Appellee, v. THE JOHNSON-SAMPSON CONSTRUCTION COMPANY, Incorporated, and THE CENTRAL SURETY AND INSURANCE CORPORATION, Appellants. No. 38,979Supreme Court of Kansas Opinion filed June 6, 1953. SYLLABUS BY THE COURT 1. PLEADING — Motion to Make Definite and Certain — Review. Ordinarily an order overruling a […]

53 P.3d 843 STATE OF KANSAS, Appellee, v. TIMOTHY A. CARR, Appellant. No. 85,238Supreme Court of Kansas Opinion filed: September 13, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Probation — No Credit for Time Spent on Probation in Determining Term of Confinement upon Probation Revocation. Probation from serving a sentence is […]

622 P.2d 149 CITY OF NEW STRAWN, KANSAS, A Municipal Corporation, Appellant, and KANSAS GAS AND ELECTRIC COMPANY, A Corporation, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS: G.T. VAN BEBBER, WILLIAM G. GRAY and R.C. LOUX, as the constituent members of the State Corporation Commission; COFFEY COUNTY RURAL ELECTRIC COOPERATIVE ASSOCIATION, INC., […]

48 P.3d 1284 In the Matter of the Marriage of ANDREA LEE STEVEN, Appellee, and BRADLEY JAMES STEVEN, Appellant. No. 86,535Court of Appeals of Kansas Opinion filed: June 28, 2002. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Parents Cannot Agree to Alter Amount of Child Support Order. Parties to a […]

416 P.2d 717 DONALD WITT, Appellant, v. STATE OF KANSAS, Appellee. No. 44,549Supreme Court of Kansas Opinion filed July 14, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Constitutional Right to Speedy Trial — Guaranty Refers to Trial Not Preliminary Hearing. The guaranty of a speedy trial contained in Section 10 of the Bill […]

122 P.3d 42 STATE v. BALLARD. No. 92,929.Court of Appeals of Kansas. November 4, 2005. Appeal from Sedgwick. Decision without published opinion. Sentence vacated and case remanded with directions.

33 P.3d 862 STATE OF KANSAS, Appellee, v. JOHN W. PARTRIDGE, JR., Appellant. No. 86,213Court of Appeals of Kansas Opinion filed: October 19, 2001. SYLLABUS BY THE COURT CRIMINAL LAW — Search and Seizure — Automobile Stop — Stop Based on Information Supplied by Citizen-Informant — Sufficiency of Information to Justify Stop. Under the circumstances […]