Category: Kansas Court Opinions

872 P.2d 748 STATE OF KANSAS, Appellee, v. CHEUN-PHON JI, Appellant. No. 69,367Supreme Court of Kansas Opinion filed April 15, 1994. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Right to Appeal in Criminal Case — Statutory Right — Jurisdiction — Dismissal of Appeal for Lack of Jurisdiction. The right of appeal is entirely […]

334 P.2d 408 DOROTHY DUNCAN GARVER, Appellant, v. CHARLES WILLIAM GARVER, Appellee. No. 41,179Supreme Court of Kansas Opinion filed January 24, 1959. SYLLABUS BY THE COURT DIVORCE — By Fault of Husband — Restoration of Wife’s Property — Alimony — Division of Jointly Acquired Property. When a wife is granted a divorce by reason of […]

290 P.2d 811 EARL L. BORCHARDT, Appellant, v. THE CITY OF LEAWOOD, KANSAS, a Municipal Corporation, EMPLOYERS MUTUAL CASUALTY COMPANY, Appellees. No. 40,048Supreme Court of Kansas Opinion filed December 10, 1955. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Volunteer Policeman — Accidental Injury — Correctness of Award. In a workmen’s compensation case the record is […]

368 P.2d 4 In re Estate of J.G.N. Soanes, Deceased. MRS. L.L. SCOTT, Appellee, v. MYLES C. STEVENS as Executor of Estate of J.G.N. Soanes, Appellant. No. 42,415Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Action on Quantum Meruit for Nursing Services — Evidence. In an […]

574 P.2d 241 STATE OF KANSAS, Appellee, v. CHESTER EUGENE FORSYTH and ALICE NADINE FORSYTH, Appellants. No. 49,033Court of Appeals of Kansas Opinion filed February 3, 1978 SYLLABUS BY THE COURT CRIMINAL LAW — Prior Misdemeanor Conviction — Admissibility in Felony Trial. In a criminal prosecution wherein defendants were charged with possession of narcotic substances […]

370 P.2d 98 PAT AHERN, a Minor, by and Through Her Mother, Natural Guardian, and Next Friend, MRS.E.J. AHERN, Appellant, v. JOHN C. FANKHOUSER, Appellee. No. 42,602Supreme Court of Kansas Opinion filed April 7, 1962. SYLLABUS BY THE COURT JUDGMENTS — Default Judgment — Resident Service — Vacating Judgment — Jurisdiction During Term. In an […]

800 P.2d 148 STATE OF KANSAS, Appellee, v. RICHARD BERNARD RAY, Appellant. No. 64,930Court of Appeals of Kansas Opinion filed November 2, 1990 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Statutory Authority. In determining criminal sentences, a trial court should read article 46 of chapter 21 of the Kansas Statutes Annotated as […]

265 P.2d 317 THE CITY OF LAWRENCE, KANSAS, a Municipal Corporation, Plaintiff, v. GEORGE ROBB, State Auditor of Kansas, Defendant. No. 39,368Supreme Court of Kansas Opinion filed January 4, 1954. SYLLABUS BY THE COURT STATUTES — Revenue Bonds — General and Special Legislation — Construction. The record examined in an original proceeding in mandamus to […]

348 P.2d 629 CARROLL D. SCHULTE, Appellant, v. THE CITY OF GARNETT: Earl Snyder, Mayor; Clinton S. Wilson, Commissioner; Robert D. Garrett, Commissioner; Harley Gibson; Jr., Clerk; Clark Howerton, Attorney, Appellees. No. 41,630Supreme Court of Kansas Opinion filed January 23, 1960. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Zoning Ordinance Requiring Property Owner’s Signatures — […]

833 P.2d 949 JERRY D. VANIER, d/b/a VANIER, Appellee, v. WILLIAM R. PONSOLDT, d/b/a PEGASUS RANCH; PEGASUS RANCH, INC.; and BETHESDA FARM, INC., Appellants. Nos. 66,276, 66,444Supreme Court of Kansas Opinion filed May 22, 1992. SYLLABUS BY THE COURT 1. CONTRACTS — Duty of Signing Party to Know Contents of Contract. It is the duty […]

692 P.2d 400 In the Matter of the Estate of Gennade V. Engels, Deceased. No. 56,415Court of Appeals of Kansas Opinion filed December 27, 1984 SYLLABUS BY THE COURT 1. COMPROMISE AND SETTLEMENT — Bar to Pre-existing Claims. A compromise and settlement generally bars pre-existing claims directly tied to the settled dispute. 2. SAME — […]

580 P.2d 90 STATE OF KANSAS, Appellee, v. JAMES E. BAKER, Appellant. No. 49,797Supreme Court of Kansas Opinion filed July 15, 1978. SYLLABUS BY THE COURT CRIMINAL LAW — Felony Murder — Inadmissible Hearsay — Credibility of Prosecution Witness. The record is examined on appeal from a conviction of felony murder and it is held […]

815 P.2d 569 STATE OF KANSAS, Appellee, v. MICHAL A. WILLIAMS, Appellant. No. 65,340Court of Appeals of Kansas Opinion filed July 3, 1991 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Constitutional Grounds for Reversal of Criminal Conviction — Appellate Review. Generally, constitutional grounds for a reversal may not be asserted for the first […]

308 P.2d 85 STATE OF KANSAS, Appellant, v. JIMMY McGAUGH, Appellee. STATE OF KANSAS, Appellant, v. RICHARD MOHERMAN, Appellee. STATE OF KANSAS, Appellant, v. WAYNE LEACH, Appellee. STATE OF KANSAS, Appellant, v. SCOTT MOHERMAN, Appellee. Nos. 40,531, 40,532, 40,533, 40,534Supreme Court of Kansas Opinion filed March 9, 1957. SYLLABUS BY THE COURT CRIMINAL LAW — […]

527 P.2d 1007 EVALYN L. FILDES, Appellee, v. B.D. FILDES, Appellant. No. 47,418Supreme Court of Kansas Opinion filed November 2, 1974. SYLLABUS BY THE COURT APPEAL AND ERROR — Failure to File Appeal in Time — Jurisdiction. Where an appeal is not filed within the prescribed thirty days and no request is made to the […]

823 P.2d 810 ELDA I. DIETZ, et al., Appellants, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, et al., Appellees. No. 66,179Court of Appeals of Kansas Opinion filed December 27, 1991 Petition for review denied 250 Kan. 804 (1992). SYLLABUS BY THE COURT 1. NEGLIGENCE — Proof Required to Recover Damages for Negligence. To […]

360 P.2d 6 In the Matter of the Estate of Donald Rex Magie, Deceased. (G.I. ROBINSON, Administrator of the Estate of Donald Rex Magie, Deceased, Appellant, v. HOMER JAMES LIVINGSTON, Appellee.) No. 42,100Supreme Court of Kansas Opinion filed March 4, 1961. SYLLABUS BY THE COURT AUTOMOBILES — Intersection Collision — Evidence — Contributory Negligence as […]

955 P.2d 635 KATHRYN R. MILLER, Appellee, v. CESAR T. MILLER, Appellant. No. 78,120Court of Appeals of Kansas Opinion filed March 27, 1998 SYLLABUS BY THE COURT DAMAGES — Nonpecuniary Loss — Statutory Permanent Injury Requirement Construed. The permanent injury requirement under K.S.A. 40-3117 requires an injury that is not only permanent within a reasonable […]

897 P.2d 123 MARION J. FUSARO, Appellant, v. FIRST FAMILY MORTGAGE CORPORATION, INC., a/k/a AMERICAS MORTGAGE SERVICING, INC.; LITTLE COMPANY; and CLARENCE N. ARTZER AND CLARENCE G. ARTZER, d/b/a ARTZER PAINTING COMPANY, Appellees. No. 71,478Supreme Court of Kansas Opinion filed June 2, 1995. SYLLABUS BY THE COURT 1. DAMAGES — Punitive Damages — Statutory Requirements […]

304 P.2d 498 TEXAS CONSTRUCTION COMPANY, Appellant, v. HOISTING AND PORTABLE ENGINEERS’ LOCAL UNION No. 101, Affiliated with the International Union of Operating Engineers A.F. of L., an unincorporated Labor Organization or Association; JESS HARDY, individually and as Business Agent of said Labor Organization; and all other members, agents and representatives of said Labor Organization […]

132 P.3d 981 STATE OF KANSAS, Appellant, v. TIFFANY BOLDEN, Appellee. No. 93,806.Court of Appeals of Kansas. Opinion filed April 28, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Presumptive Guidelines Sentence — Departure Sentence — Appellate Review. K.S.A. 2005 Supp. 21-4716(a) requires the sentencing court to impose the presumptive sentence under the […]

254 P.2d 297 EMMA E. WOELK, LEILA F. WOELK SHAWHAN, AMELIA L. WOELK TEPPE and MARY E. WOELK, Appellants, v. GEORGE F. WOELK, JOHN C. WOELK, also known as John C. Woelk, Jr., and MARY JANE WOELK KLINK, Appellees. No. 38,841Supreme Court of Kansas Opinion filed March 7, 1953. SYLLABUS BY THE COURT 1. WILLS […]

480 P.2d 91 E.J. and PATTY COUGHLIN, WALTER E. and VERA DeBOARD, RAY D. EWERS, G.W. HALLIDAY, VINCENT C. JR. and HARRIETT HALPIN, DR. JAMES E. and NORITA HASSELLE, MAURICE E. and JOAN HOCHARD, KATHERINE LUND, DR. WILLIAM and MARY JANE NICE, LOUISE L. O’NEIL, LYLE E. and HELEN T. PEARSON and DR. WILLIAM S. […]

353 P.2d 801 STATE OF KANSAS, Appellee, v. THOMAS PAUL TYLER, Appellant. No. 41,858Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT CRIMINAL LAW — Absent Witness — Testimony at Preliminary Hearing — Establishing Foundation — Admissibility. In a criminal case, the state did not sufficiently lay a basis for the […]

712 P.2d 1278 In the Matter of WILLIAM E. GLENN, SR., Respondent. No. 58,334Supreme Court of Kansas Opinion filed January 17, 1986. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Opinion filed January 17, 1986. Public censure. Robert E. Tilton, of Tilton, Dillon, Beck Crockett, of Topeka, appeared and argued […]

122 P.3d 42 STATE v. JONES. No. 92,508.Court of Appeals of Kansas. November 4, 2005. Appeal from Lyon. Decision without published opinion. Affirmed in part, reversed in part, and remanded with directions.

249 P.3d 444 DAVID A. DISSMEYER, LESTER L. LAWSON, and TERRY MITCHELL, Appellants, v. STATE OF KANSAS, Appellee. No. 102, 786.Supreme Court of Kansas. Opinion filed April 8, 2011. SYLLABUS BY THE COURT1. STATUTES — Constitutionality — Vague and Overbroad Statutes Compared. While a vague statute leaves persons of common intelligence to guess at its […]

504 P.2d 147 ELLIS JAMERSON, Appellant, v. STATE OF KANSAS, Appellee. No. 46,768Supreme Court of Kansas Opinion filed December 9, 1972. MEMORANDUM OPINION CRIMINAL LAW — Motion to Vacate Summarily Denied. Appeal from Montgomery district court; DAVID H. SCOTT, judge. Opinion filed December 9, 1972. Affirmed. William J. Fitzpatrick, of Independence, was on the brief […]

589 P.2d 981 STATE OF KANSAS, Appellant, v. JAMES RODGERS, Appellee. No. 49,310Supreme Court of Kansas Opinion filed January 20, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeals by Prosecution — Statutory Limitation. Appeals by the prosecution as a matter of right are limited by K.S.A. 1977 Supp. 22-3602(b) to cases where the […]

2 P.3d 789 HOME DESIGN, INC., Appellant, v. KANSAS DEPARTMENT OF HUMAN RESOURCES, Appellee. No. 80,951[1] Court of Appeals of Kansas Opinion filed: January 14, 2000. Petition for review denied 269 Kan. 932 (2000). [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated […]

71 P.3d 480 In the Matter of TRACI L. CRUMLEY, Respondent. Bar Docket No. 19387.Supreme Court of Kansas. June 24, 2003. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter to the Clerk of the Appellate Courts, respondent Traci L. Crumley, of Monroe, Nebraska, an attorney admitted to the practice of […]

686 P.2d 160 STATE OF KANSAS, Appellee, v. BRADLEY R. BOAN, Appellant. No. 55,368Supreme Court of Kansas Opinion filed July 13, 1984. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Murder and Aggravated Assault — Competency of Defendant — Admissibility of Defendant’s Statements — Change of Venue — Appointment of Investigator for Defendant — Consolidation […]

58 P.3d 116 DAVID M. ELY, Appellant, v. CHARLES HITCHCOCK; SERVICES OF KANSAS, INC., d/b/a OLD MISSION MORTUARY; and WESLEY MEDICAL CENTER, L.L.C., Appellees. No. 86,860Court of Appeals of Kansas Opinion filed: November 27, 2002. SYLLABUS BY THE COURT 1. JUDGMENTS — Sumary Judgment — Application — Appellate Review. Summary judgment is appropriate when the […]

958 P.2d 618 STATE OF KANSAS, Appellee, v. TERRY W. HARDYWAY, Appellant. No. 74,415Supreme Court of Kansas Opinion filed April 17, 1998 SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Automobile Stop — Motion to Suppress Evidence Denied. The record in this Fourth Amendment traffic stop search and seizure case is examined, and it […]

738 P.2d 454 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JOHNSON, Appellee, v. ST. JOSEPH HOSPITAL OF KANSAS CITY, Mo., Appellant. No. 60,125Supreme Court of Kansas Opinion filed June 12, 1987. SYLLABUS BY THE COURT TAXATION — Ad Valorem Taxes — Exemption of Not-for-Profit Missouri Corporation Doing Business in Kansas. In an appeal […]

992 P.2d 800 HARTFORD CASUALTY INSURANCE COMPANY, Appellee, v. CREDIT UNION 1 OF KANSAS, Appellant. No. 82,095Supreme Court of Kansas Opinion filed November 5, 1999. SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. The interpretation of a statute is a question of law, and the appellate court’s review is unlimited. 2. SAME […]

531 P.2d 76 GARY DEAN GOBIN, Appellant, v. GLOBE PUBLISHING COMPANY, Appellee. No. 47,574Supreme Court of Kansas Opinion filed January 25, 1975. SYLLABUS BY THE COURT 1. LIBEL AND SLANDER — Judicial Proceeding — Individual Not a Public Official or Public Figure — Publisher’s Negligence — Standard Stated. In reporting judicial proceedings a publisher or […]

49 P.3d 415 In the Matter of the Estate of JAMES W. FARR, Deceased. No. 86,349Supreme Court of Kansas Opinion filed: July 12, 2002. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Findings of Fact and Conclusions of Law — Appellate Review. Where the trial court has made findings of fact and conclusions of […]

743 P.2d 1012 FORD MOTOR CREDIT CO., INC., Plaintiff, v. STEVE A. SIMS, Defendant/Third-Party Plaintiff/Appellant, v. SCHOLFIELD BROTHERS, INC., Third-Party Defendant/Appellee. No. 60,439Court of Appeals of Kansas Opinion filed October 8, 1987 Petition for review denied December 22, 1987. SYLLABUS BY THE COURT 1. MOTOR VEHICLES — Lemon Law — Liability Imposed on Manufacturer Not […]

795 P.2d 349 STATE OF KANSAS, Appellee, v. JOHN A. SKELTON, Appellant. No. 63,121Supreme Court of Kansas Opinion filed July 13, 1990. SYLLABUS BY THE COURT CRIMINAL LAW — Pretrial Identification of Defendant — Admissibility of Evidence Seized from Exterior of Defendant’s Car — Sufficiency of Evidence. In an appeal in a criminal action in […]

766 P.2d 1291 SARA ANN (DEAN) SWARTS, Appellant, v. JOHN WILLARD DEAN, JR., Appellee. No. 62,238Court of Appeals of Kansas Opinion filed January 13, 1989 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Personal Service — Service on Nonresident Defendant. Minimum contacts analysis is applied to cases in which a nonresident defendant is served with […]

677 P.2d 567 REMCO ENTERPRISES, INC., Appellee/Cross-Appellant, v. ALICE HOUSTON, Appellant/Cross-Appellee. No. 55,026Court of Appeals of Kansas Opinion filed February 9, 1984 Petition for review denied 235 Kan. 1042. SYLLABUS BY THE COURT 1. CONSUMER CREDIT — Truth in Lending Act — Effect of Opinions of Federal Reserve Board on Issues Involving Act. On issues […]

966 P.2d 694 STATE OF KANSAS, Appellee, v. KENNETH E. DERUSSEAU, Appellant. No. 78,544Court of Appeals of Kansas Opinion filed October 9, 1998. SYLLABUS BY THE COURT DOUBLE JEOPARDY — De Novo Appeals from Magistrate Courts to District Courts. Kansas constitutional and statutory provisions prohibiting double jeopardy apply to de novo appeals from magistrate courts […]

675 P.2d 871 CALVERT WESTERN EXPLORATION CO., a Corporation, Appellee, v. DIAMOND SHAMROCK, et al., Appellants, v. SPEEDY OILFIELD SERVICE, Intervenor-Appellee. CALVERT WESTERN EXPLORATION CO., a Corporation, Appellee, v. OLEUM, INCORPORATED, et al., Appellants. Nos. 55,415, 55,416Supreme Court of Kansas Opinion filed January 13, 1984. SYLLABUS BY THE COURT 1. OIL AND GAS — Daywork […]

299 P.2d 594 JOHN W. DARLING, Petitioner, v. ARTHUR HOFFMAN, Warden of the Kansas State Penitentiary, Respondent. No. 40,274Supreme Court of Kansas Opinion filed June 30, 1956. SYLLABUS BY THE COURT HABEAS CORPUS — Grounds — Habitual Criminal Act — Writ Denied. The record in an original habeas corpus proceeding examined, and held, to disclose […]

252 P.3d 141 MARY D. STINEMETZ, Appellant, v. KANSAS HEALTH POLICY AUTHORITY, Appellee. No. 105,366.Court of Appeals of Kansas. May 4, 2011. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Appeal from Agency Decision — Issues on Appeal Generally Limited to Issues Raised at Administrative Hearing — Exception for Constitutional Issue. In an appeal from […]

865 P.2d 207 STATE OF KANSAS, Appellee, v. VICTOR VAUGHN, Appellant. No. 68,687Supreme Court of Kansas Opinion filed December 10, 1993. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Speedy Trial Right in Criminal Case — Right Exists Notwithstanding Defendant’s Noncompliance With the Interstate Agreement on Detainers. A defendant’s constitutional right to a speedy trial […]

522 P.2d 435 ADDIE MILES, Appellant, v. SCHWAN DISTRIBUTING COMPANY, INC., Barney Schwan, d/b/a Schwan Distributing Company, Allstate Insurance and Gary L. Olson, Appellees. No. 47,225Supreme Court of Kansas Opinion filed May 11, 1974. MEMORANDUM OPINION AUTOMOBILES — Automobile-Truck Collision — Hypothetical Question to Expert Witness. Appeal from Sedgwick district court, division No. 3; B. […]

277 P.2d 602 In the Matter of the Estate of Alfred L. Garnand, Deceased. (JOSEPHINE GARNAND, Appellant, v. W.J.B. GARNAND and IVAN D. GARNAND, Executors and Trustees of the Estate of D.F. Garnand, Deceased, and L.B. GEIGER, as Administrator of the Estate of Alfred L. Garnand, Deceased, Appellees.) No. 39,500Supreme Court of Kansas Opinion filed […]

387 P.2d 152 In the Matter of the Estate of J.I. Wilkison, a/k/a John I. Wilkison, Deceased. VICTOR KOENIG, Appellee, v. JANICE WILKISON, Administratrix, and JANICE WILKISON, Sole Heir of the Estate of J.I. Wilkison, a/k/a John I. Wilkison, Appellants. No. 43,416Supreme Court of Kansas Opinion filed December 7, 1963. SYLLABUS BY THE COURT EXECUTORS […]

115 P.3d 794 STATE v. WHEELER. No. 92,428.Court of Appeals of Kansas. July 22, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

866 P.2d 1024 STATE OF KANSAS ex rel. ROBERT T. STEPHAN, Attorney General, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF SEWARD COUNTY, KANSAS, JOE E. SEALEY, CECIL J. WETTSTEIN, and OTTO J. MEHL, Appellees. No. 68,695Supreme Court of Kansas Opinion filed January 21, 1994. SYLLABUS BY THE COURT 1. STATUTES — Construction. Rules of statutory […]

457 P.2d 12 STATE OF KANSAS, Appellee, v. THOMAS EUGENE YOHE, Appellant. No. 45,411Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Accessory Before the Fact — Principal in the Second Degree — Punishment. K.S.A. 21-105 removes any common-law penalty distinctions for participating in a crime as […]

895 P.2d 1267 STATE OF KANSAS, Appellee, v. CHRIS ALIRES, Appellant. No. 72,518Court of Appeals of Kansas Opinion filed June 9, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Reduction of Sentence for Attempted Drug Felony. K.S.A. 1993 Supp. 21-3301(d) is construed and applied. 2. STATUTES — Unambiguous Statute — Statutory Construction […]

596 P.2d 190 STATE OF KANSAS, Appellant, v. O.B. BOHANNON, JR., Appellee. No. 50,458Court of Appeals of Kansas Opinion filed June 15, 1979 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Entry of Judgment — Appealable Orders. K.S.A. 60-258 provides for the manner in which judgment shall be entered. However, some orders which are appealable […]

95 P.3d 994 JERRY RICE, et al., Appellants, v. STATE OF KANSAS, et al., Appellees. No. 89,759.Supreme Court of Kansas. Opinion filed August 20, 2004. SYLLABUS BY THE COURT1. PENAL INSTITUTIONS — Inmate’s First Amendment Rights — Rights Subject to Legitimate Penological Objectives of Corrections System. A prison inmate retains those rights under the First […]

638 P.2d 963 SUNFLOWER ELECTRIC COOPERATIVE, INC., Appellant, v. TOMLINSON OIL COMPANY, INC., Appellee. No. 52,175Court of Appeals of Kansas Opinion filed December 31, 1981 Petition for review denied March 3, 1982. SYLLABUS BY THE COURT 1. CONTRACTS — Impracticability of Performance — Question of Law. Whether a party should be excused from its obligations […]

574 P.2d 229 In the Matter of the Estate of Robert Dean Shields, Deceased; MICHAEL B. SHIELDS, Administrator, and PATRICIA LYNN KNIGHT, Appellees, v. VICTORIA ANN SHIELDS, Appellant. No. 48,770Court of Appeals of Kansas Opinion filed December 2, 1977 Petition for review granted January 25, 1978. SYLLABUS BY THE COURT JOINT TENANCY — Killing of […]

580 P.2d 81 BERTHA REIMER, Appellee and Cross-Appellant, v. ENA LEE DAVIS, Appellant, JOHN K. DEAR, Third Party Defendant. No. 48,632Supreme Court of Kansas Opinion filed June 10, 1978. SYLLABUS BY THE COURT 1. JUDGMENTS — Judgment by Confession. Kansas no longer has a statutory provision for judgments by confession and the phrase “except a […]

267 P.2d 923 MINNIE P. ELDRIDGE, Appellee, v. KANSAS CITY PUBLIC SERVICE COMPANY, Appellant. No. 39,252Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT TRIAL — Verdict and Findings — Consistency. In an action for damages alleged to have been sustained when the door of a bus from which plaintiff was […]

123 P.3d 212 STATE v. NETH. No. 92,477.Court of Appeals of Kansas. December 2, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

289 P.2d 1062 NATALIA AGUILERA, Mother of Baldo J. Aguilera, Deceased, Appellant, v. C AND S WELL SERVICE, EMPLOYERS CASUALTY COMPANY, Appellees. No. 39,924Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Death Arising Out of and in the Course of Employment — Findings Supported by Evidence. The […]

89 P.3d 940 STATE OF KANSAS Appellee, v. CHARLES D. GREEN, Appellant. No. 89,308.Court of Appeals of Kansas. Opinion filed May 14, 2004. Petition for review denied 278 Kan. 849 (2004). SYLLABUS BY THE COURT1. POLICE AND SHERIFFS — Fourth Amendment Violations Regarding Police Actions — Appellate Review. When confronted with violent situations, police must […]

105 P.3d 710 STATE OF KANSAS, Appellee, v. JOHN KEITH CALVIN, Appellant. No. 91,651.Supreme Court of Kansas. Opinion Filed February 18, 2005. 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 […]

935 P.2d 1072 STATE OF KANSAS, Appellee, v. SHERYL M. LEWIS, Appellant. No. 75,375.Court of Appeals of Kansas Opinion Filed: April 11, 1997. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Presumption of Constitutionality — Appellate Review. When a party challenges the constitutionality of a state statute, the issue raised is a question of […]

229 P.2d 761 WARREN G. DODD, Appellee, v. EDYTHE K. DODD, Appellant. No. 38,210Supreme Court of Kansas Opinion filed April 7, 1951. SYLLABUS BY THE COURT DIVORCE — Custody of Children — Discretion of Trial Court — Review. Whether a child custody order will be changed or modified rests in the sound judicial discretion of […]

324 P.2d 147 In the Matter of the Condemnation of Land for Kansas Turnpike. (W.R. ROWHUFF and ELLEN ROWHUFF, his wife, Appellees, v. THE KANSAS TURNPIKE AUTHORITY, Appellant.) No. 40,861Supreme Court of Kansas Opinion filed April 12, 1958. SYLLABUS BY THE COURT EMINENT DOMAIN — Condemnation by Turnpike — Motion to Abandon After Money Paid […]

606 P.2d 112 STATE OF KANSAS, Appellee, v. JAMES F. PRIMM, II, Appellant. No. 50,725Court of Appeals of Kansas Opinion filed February 8, 1980 SYLLABUS BY THE COURT 1. AUTOMOBILES — Radar — Judicial Notice of General Reliability. Judicial notice may be taken of the general reliability of radar mounted in a stationary or moving […]

712 P.2d 1282 RONALD H. MILLER, Appellant, v. SAFECO INS. CO. OF AMERICA, Appellee. No. 57,376Court of Appeals of Kansas Opinion filed February 6, 1989 Petition for review denied February 28, 1986. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Appeal from Interlocutory Order — Appellate Court without Jurisdiction When Trial Court Has Not Certified […]

218 P.2d 215 STATE OF KANSAS, Appellee, v. L.C. DAVIS, Appellant. No. 37,945Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT 1. HOMICIDE — Self Defense — Force Allowed. If a person is unlawfully attacked by another he may stand his ground and use such force as at the time reasonably […]

22 P.3d 1069 STATE OF KANSAS, Appellee, v. HOWARD L. BANKS, JR., Appellant. No. 84,269Court of Appeals of Kansas Opinion filed: April 13, 2001. Aff’d 273 Kan. 738, 46 P.3d 546 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Single Incident Comprised of Several Acts That Individually Could Convict Defendant of Crime — Jury […]

199 P.3d 180 DAVID ALAN LEWIS and KAREN LEWIS, Husband and Wife, Appellees, v. KANSAS PRODUCTION COMPANY, INC., Appellant, and WILDCAT ENERGY, INC., MARK W. McCANN, and MARICELA E. McCANN, Defendants. No. 98,859.Court of Appeals of Kansas. Opinion filed January 16, 2009. SYLLABUS BY THE COURTOIL AND GAS — Cancellation of Lease — Failure of […]

447 P.2d 837 THE STATE OF KANSAS, Appellee, v. ROY T. GREER, Appellant. No. 45,139Supreme Court of Kansas Opinion filed December 7, 1968. SYLLABUS BY THE COURT 1. EVIDENCE — Confession by Accomplice — Admissibility. Generally, an accomplice’s extrajudicial confession inculpating the accused is inadmissible against the accused. 2. SAME — Extrajudicial Statement of Third […]

143 P.3d 74 SANDRA TROUTMAN, LARRY GALES, and GERALD CROOKS, Appellants, v. JEFFREY CURTIS, M.D., STORMONT VAIL HEALTHCARE, INC., and PERCLOSE, INC., Appellees. No. 94,667.Court of Appeals of Kansas. Opinion filed September 22, 2006. SYLLABUS BY THE COURT1. CONSTITUTIONAL LAW — Supremacy Clause of United States Constitution — Federal Preemption of State Law. Under the […]

211 P.2d 81 STATE OF KANSAS, Appellee, v. SAM COLEMAN, BARNEY PORTER and MATTIE WATSON (Intervenor), Appellants. Nos. 37,728, and 37,731 ConsolidatedSupreme Court of Kansas Opinion filed November 12, 1949. SYLLABUS BY THE COURT 1. INTOXICATING LIQUOR — Proceedings to Punish for Contempt — Findings of Trial Court — Sufficiency of Evidence. In proceedings to […]

122 P.3d 336 PITTSBURG STATE UNIVERSITY/KANSAS NATIONAL EDUCATION ASSOCIATION, Appellee, v. KANSAS BOARD OF REGENTS/PITTSBURG STATE UNIVERSITY and PUBLIC EMPLOYEE RELATIONS BOARD, Appellants. No. 91,305.Supreme Court of Kansas. Opinion filed November 10, 2005. SYLLABUS BY THE COURT1. PUBLIC OFFICER OR EMPLOYEE — Kansas Board of Regents — When Board Required to Meet with Public Employee […]