Category: Kansas Court Opinions

722 P.2d 511 ROSIE KATHLEEN GOULD, Appellee, v. TACO BELL, Appellant. No. 57,946Supreme Court of Kansas Opinion filed July 18, 1986. SYLLABUS BY THE COURT 1. TORTS — Liability of Business Proprietor for Assault upon Patron by Another Patron. A proprietor of an inn, tavern, restaurant, or like business is liable for an assault upon […]

757 P.2d 304 EQUITABLE LIFE LEASING CORPORATION, Plaintiff, v. MARION G. ABBICK, et al., Defendants and Third-Party Plaintiffs/Appellees, v. MOORE BUSINESS SYSTEMS, INC., Third-Party Defendant/Appellant. No. 61,209Supreme Court of Kansas Opinion filed July 8, 1988. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Election of Remedies. No election of remedies is required unless claims are […]

352 P.2d 959 ESTHER M. CHENEY, Appellee, v. WAYNE B. CHENEY, Appellant. No. 41,734Supreme Court of Kansas Opinion filed June 11, 1960. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Order Overruling Motion to Quash Service — Not Final Order. An order overruling a motion to quash service of summons is not a final […]

573 P.2d 973 STATE OF KANSAS, Appellee, v. MARK E. RITCHEY, Appellant. No. 48,692Supreme Court of Kansas Opinion filed November 5, 1977. SYLLABUS BY THE COURT 1. CRIMINAL LAW — “Heat of Passion” — Emotional State of Mind. “Heat of passion” includes an emotional state of mind characterized by anger, rage, hatred, furious resentment, or […]

79 P.3d 223 AVIEN CORPORATION, BAGWELL #1 FAMILY LIMITED PARTNERSHIP, DEVORE ENTERPRISES, KNG-CENTRAL, LLC, and SLAWSON EXPLORATION COMPANY, INC., Appellants/Cross-appellees, v. FIRST NATIONAL OIL, INC., MICHAEL J. BENNETT, GREG GOLLADAY, and JUDITH L. HOPKINS, Appellees/Cross-appellants. No. 90,189.Court of Appeals of Kansas. Opinion filed November 21, 2003. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — […]

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 […]

646 P.2d 1043 KERNIE W. BINYON and HILDA BINYON, Appellees, v. ROY NESSETH, et al., Appellants. No. 52,104Supreme Court of Kansas Opinion filed June 11, 1982. SYLLABUS BY THE COURT 1. JUDGMENTS — Default Judgment — Failure to Comply with Discovery Order. Entry of judgment by default as a sanction for failure to comply with […]

522 P.2d 1330 In re The Complaint made against E. CHARLES HAGEMAN, a/k/a EDWARD CHARLES HAGEMAN, JR., by the State Board of Law Examiners. Bar Docket No. 4099Supreme Court of Kansas June 14, 1974 ORDER OF PUBLIC CENSURE WHEREAS, In a proceeding conducted by the State Board of Law Examiners to inquire into the complaint […]

822 P.2d 76 IN THE MATTER OF THE ADOPTION OF BABY BOY S. No. 66,520Court of Appeals of Kansas Opinion filed December 13, 1991 SYLLABUS BY THE COURT 1. ADOPTION — Termination of Natural Father’s Parental Rights — Termination Based on Natural Father’s Failure to Provide Support for Mother during Six-month Period Prior to Child’s […]

7 P.3d 1135 STATE OF KANSAS, Appellee, v. VICTOR R. MITCHELL, JR., Appellant. No. 82,174Supreme Court of Kansas Opinion filed June 2, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Voluntary Manslaughter — Legally Sufficient Provocation. The key elements of voluntary manslaughter are whether the killing was intentional and whether there was legally sufficient […]

124 P.3d 1083 RANDLE v. STATE. No. 93,513.Court of Appeals of Kansas. December 23, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

216 P.2d 820 CITY OF INDEPENDENCE, Appellee, v. AL WENDORFF, Appellant. No. 37,711Supreme Court of Kansas Opinion filed April 8, 1950. SYLLABUS BY THE COURT APPEAL AND ERROR — Record on Appeal — Abstract Must Contain Specification of Errors. In a prosecution for the violation of a city ordinance the facts charged in the complaint […]

712 P.2d 1270 TIMOTHY S. FRETS, Appellant, v. CAPITOL FEDERAL SAVINGS LOAN ASSOCIATION, Appellee. No. 58,315Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. SAVINGS AND LOAN ASSOCIATIONS — Acceleration of Loan — Federal Regulations Do Not Limit Lender’s Right to Accelerate Only to Cases Where Mortgaged Property Is Transferred. […]

484 P.2d 1003 LERONZO LaFAYETTE WILSON, Appellee, v. J.A. AYLWARD, Appellant. No. 45,954Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT 1. HUSBAND AND WIFE — Alienation of Affections — Defendant Must Have Acted Knowingly and Intentionally. — In order for a husband to recover damages for the alienation of the […]

840 P.2d 491 DASIE M. DIXON, Appellant, v. DAVID L. PROTHRO, Appellee. No. 66,961Supreme Court of Kansas Opinion filed October 30, 1992. SYLLABUS BY THE COURT 1. JURIES — Inadequate Verdict — Basic Rule Is That Trial Court Should Grant a New Trial or a New Trial Limited to Damages. Juries, and their position as […]

294 P.2d 202 EMMA MATHEY, nee OLSON, Appellant, v. CHARLES H. MATHEY, Appellee. No. 39,984Supreme Court of Kansas Opinion filed February 29, 1956. SYLLABUS BY THE COURT 1. JUDGMENTS — Vacate or Modify — Fraud. Under the provisions of G.S. 1949, 60-3007, Fourth, a district court has power to vacate or modify its own judgments […]

558 P.2d 1079 THE STATE OF KANSAS, Appellee, v. LARRY D. THOMPSON and MICHAEL PENNINGTON, Appellants. No. 48,320Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appeal — Jurisdiction of Supreme Court. The supreme court has no jurisdiction to entertain a direct appeal by a defendant […]

4 P.3d 579 In the Matter of DONALD J. FRANCIS, Respondent. No. 84,214.Supreme Court of Kansas Opinion filed April 21, 2000. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed April 21, 2000. Two-year probation. Edwin A. Van Petten, deputy disciplinary administrator, argued the cause and was on the formal complaint for petitioner. Donald […]

100 P.3d 628 STATE v. DICKENS. No. 91,711.Court of Appeals of Kansas November 19, 2004. Appeal from the Ford. Decision without published opinion. Affirmed.

467 P.2d 687 In re Thomas Willard Cunningham’s voluntary surrender of his certificate to practice law in the State of Kansas. No. 46,012Supreme Court of Kansas Opinion canceling certificate filed April 11, 1970. Per Curiam: On March 6, 1970, Thomas Willard Cunningham voluntarily surrendered his certificate admitting him to practice law in the courts of […]

422 P.2d 932 MAX L. CAMPBELL, Appellee, v. RALPH L. CAMPBELL, Individually as President, Treasurer and Director of Hydro-Flex Corporation, Inc., and HYDRO-FLEX CORPORATION, INC., a Kansas Corporation, Appellants. No. 44,750Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS BY THE COURT 1. TRIAL — When Master’s Findings “Clearly Erroneous.” — A master’s finding […]

763 P.2d 572 STATE OF KANSAS, Appellant, v. PEGGY STEWART, Appellee. No. 60,896Supreme Court of Kansas Opinion filed October 21, 1988. SYLLABUS BY THE COURT 1. COMMON LAW — Self-defense Killing. Under the common law, the excuse for killing in self-defense is founded upon necessity, be it real or apparent. 2. CRIMINAL LAW — Self-defense […]

553 P.2d 900 WARREN G. WOODS, Appellant, v. CESSNA AIRCRAFT COMPANY, RONNIE D. LOWE, and JOE G. COUCH, Appellees. No. 48,061Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. TRIAL — When Summary Judgment May Be Granted. Before summary judgment may be granted under K.S.A. 60-256 (c) the record must […]

14 P.3d 1162 IN THE MATTER OF THE APPLICATION OF KATHY HORST, AND OTHER SIMILARLY SITUATED INDIVIDUALS FOR A WRIT OF HABEAS CORPUS. No. 85,189Supreme Court of Kansas Opinion filed December 15, 2000. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Sufficiency of Evidence to Enter Habeas Corpus Order — Appellate Review. The issue of […]

249 P.2d 630 PAUL M. POWELL, Appellee, v. ALLETTA POWELL (now McCracken), Appellant. No. 38,359Supreme Court of Kansas Opinion filed November 8, 1952. SYLLABUS BY THE COURT DIVORCE — Custody of Minor Child — Discretion of Court. The record in a proceeding to change the custody of a minor child examined to determine whether the […]

510 P.2d 1203 CORNELIUS A. HIEBERT, III., a minor by and through his mother, ELMA F. HIEBERT, Appellee, v. MILLERS’ MUTUAL INSURANCE ASSOCIATION OF ILLINOIS, Appellant. No. 46,740Supreme Court of Kansas Opinion filed June 9, 1973. SYLLABUS BY THE COURT 1. INSURANCE — Loan Receipt. In general, a loan receipt transaction will be held to […]

215 P.2d 170 WARREN A. WATKINS, Executor of the estate of Maude A. Watkins, Deceased, Plaintiff and Appellee, v. BEN W. BICKEL, doing business as Ben’s Bus Line, and THE NATIONAL MUTUAL CASUALTY COMPANY OF TULSA, OKLAHOMA, Defendants and Appellants. No. 37,795Supreme Court of Kansas Opinion filed February 28, 1950. SYLLABUS BY THE COURT 1. […]

419 P.2d 860 THE STATE OF KANSAS, Appellee, v. HERMAN L. ADAMSON, Appellant. No. 44,407Supreme Court of Kansas Opinion filed November 5, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Continuance — Judicial Discretion. The granting or denial of a continuance in a criminal prosecution is a matter which lies largely within the sound […]

403 P.2d 1001 LESLIE SCRINOPSKIE and ROBERT SCRINOPSKIE, Appellees, v. ARTHUR MURRAY, INC., A corporation, Appellant, and E.F. FURREY, WILLIAM OLSON and EDITH OLSON, Defendants. No. 44,151Supreme Court of Kansas Opinion filed July 10, 1965. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Rule No. 6 — Statement of Points — Review. Under the […]

573 P.2d 1041 STATE OF KANSAS, Appellee, v. RICHARD BRANCH III and EUGENE BUSSEY, Appellants. No. 48,966Supreme Court of Kansas Opinion filed January 21, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Felony Murder. Any participant in a life-endangering felony is guilty of first degree murder when a life is taken in the course […]

574 P.2d 982 In the Interest of ERIC HAMBELTON, a Minor. No. 49,074Court of Appeals of Kansas Opinion filed February 10, 1978 Petition for review denied April 11, 1978. SYLLABUS BY THE COURT JUVENILE CODE — Dependency and Neglect — Parental Unfitness. In a proceeding for permanent deprivation of parental rights in a dependent and […]

345 P.2d 657 ALICE DUNLAP, Appellee, v. CROWN DRUG COMPANY, and UNITED STATES FIRE INSURANCE COMPANY, Appellants. No. 41,456Supreme Court of Kansas Opinion filed November 7, 1959. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — No Modification of Previous Judgment. The record is examined in a workmen’s compensation case and under the particular facts thereof, […]

131 P.3d 1264 AHMAD ALI SULTANI and NAJIBA SULTANI, Appellants, v. APRIL ANN BUNGARD, Appellee. No. 94,111.Court of Appeals of Kansas. Opinion filed April 14, 2006. SYLLABUS BY THE COURT1. NEW TRIAL — Granting of Motion for New Trial — Trial Court Discretion — Appellate Review. The granting of a new trial is a matter […]

504 P.2d 217 In the Interest of NICHOLS JOHNSON, ROBERT JOHNSON, JR., and RHONDA JOHNSON, Minor Children. (LOUISE SCHAFER, Appellant, v. CAROL MESIGH, Probation Counselor, and TOM VALENTINE, Guardian ad litem, Appellees.) No. 46,850Supreme Court of Kansas Opinion filed December 9, 1972. SYLLABUS BY THE COURT 1. JUVENILE COURT — Custody of Child — Jurisdiction […]

205 P.3d 787 IN THE MATTER OF E.F. No. 101,104.Court of Appeals of Kansas. Opinion filed: April 24, 2009. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — State’s Appeal in Juvenile Offender or Criminal Cases. The State can appeal by right only in limited circumstances in juvenile-offender or criminal cases. In other circumstances, the State may […]

347 P.2d 260 ELDON EHRSAM, Appellant, v. CHARLES BORGEN, Appellee. No. 41,656Supreme Court of Kansas Opinion filed December 12, 1959. SYLLABUS BY THE COURT 1. AUTOMOBILES — Guest Statute — Share-the-Ride Arrangement — Minor’s Contract One for Necessaries. In accordance with the facts as more fully set forth in the opinion, the share-the-ride arrangement entered […]

867 P.2d 357 ORRIN J. FOWLES, Plaintiff/Appellant, v. THE STATE OF KANSAS; THE KANSAS STATE LOTTERY, A State Agency; RALPH DECKER, Executive Director of Lottery Commission, Kansas; and THE KANSAS STATE LOTTERY COMMISSION, consisting of C.W. KLEIN; RAY E. MORGAN; PATRICIA ROSE; DUANE E. NIGHTENGALE; and PAUL M. STEELE, Lottery Commission Members, Defendants/Third-Party Plaintiffs/Appellees, v. […]

89 P.3d 588 SHIRLEY LOPEZ, Appellant, v. UNIFIED GOVERNMENT OF WYANDOTTE COUNTY, KANSAS AND BOARD OF PUBLIC UTILITIES OF THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY, KANSAS, Appellees. No. 89,213.Supreme Court of Kansas. Opinion filed May 14, 2004. SYLLABUS BY THE COURTGOVERNMENTAL IMMUNITY — Kansas Tort Claims Act — Snow and Ice Removal Exception. Review of […]

200 P.3d 1283 STATE OF KANSAS, Appellee, v. LORI D. WILSON, Appellant. No. 98,050.Court of Appeals of Kansas. Opinion filed November 21, 2008. 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 […]

127 P.3d 247 STATE OF KANSAS, Appellee, v. JOSE I. ROJAS, Appellant. No. 93,444.Supreme Court of Kansas. Opinion filed February 3, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Issue Not Raised before Trial Court — Appellate Review. As a general rule, a matter not presented to the lower court will not be considered […]

284 P.2d 1068 JAMES EVANS, Appellee, v. BOARD OF EDUCATION OF HAYS, KANSAS, and TRAVELERS INSURANCE COMPANY, Appellants. WANDO EVANS, Appellee, v. BOARD OF EDUCATION OF HAYS, KANSAS, and TRAVELERS INSURANCE COMPANY, Appellants. No. 39,826Supreme Court of Kansas Opinion filed June 11, 1955. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Extent of Appellate Jurisdiction. […]

749 P.2d 1045 SHERRY WORNKEY, Appellee, v. STEVEN R. WORNKEY, Appellant. No. 60,155Court of Appeals of Kansas Opinion filed February 4, 1988 Petition for review denied May 16, 1988. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Rules. Rules relating to the granting of summary judgment are reviewed and applied. 2. PARENT AND CHILD — […]

529 P.2d 154 In the Matter of the Estate of Sophronia Clark Hannah, Deceased. LORENA ALICE CLARK and ROBERT D. CLARK, Appellants, v. MICHAEL E. CLARK and JULIE A. KRUTZ (formerly JULIE A. CLARK), Appellees. No. 47,511Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT 1. TRUSTS — Testamentary Trusts — […]

527 P.2d 969 RESTAURANTS OF WICHITA, INC., Appellant, v. CITY OF WICHITA, KANSAS, Appellee. No. 47,441.Supreme Court of Kansas Opinion filed November 2, 1974. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Exercising Police Power — Test. The action of a municipality in exercising its police power is always subject to the test of reasonableness. […]

512 P.2d 517 ROZELLA M. VAN BRUNT, Executrix of the Estate of Vivian C. Glenn, Appellant, v. P.R. JACKSON and NORMAN C. HAMILTON, Appellees, and ARDIS McCRAY, Appellee. No. 46,877Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. EVIDENCE — Prima Facie Case. A prima facie case denotes evidence which, […]

618 P.2d 1180 In the Matter of the Condemnation of Land for Municipal Purposes. CITY OF MANHATTAN, KANSAS, Appellant, v. REX J. KENT and EMMA J. KENT; STEVENSON SIGN SERVICE, INC.; THOMAS SIGN SERVICE and THE FEDERAL LAND BANK OF WICHITA, Appellees. No. 51,077Supreme Court of Kansas Opinion filed November 1, 1980. SYLLABUS BY THE […]

916 P.2d 730 MICHELLE SHIRLEY, Appellee, v. U. DUANE SMITH, M.D., Appellant. No. 72,538Court of Appeals of Kansas Opinion filed May 24, 1996 Aff’d in part, rev’d in part 261 Kan. 685, 933 P.2d 651 (1997). SYLLABUS BY THE COURT 1. TORTS — Medical Malpractice — Admissibility of Board of Healing Arts Findings — Balancing […]

260 P.3d 95 KEITH SAULS, Appellant, v. DAVID McKUNE, Appellee. No. 103,262.Court of Appeals of Kansas. Modified opinion filed May 9, 2011. SYLLABUS BY THE COURT1. HABEAS CORPUS — Inmate’s Petition Challenging Action of Secretary of Corrections — Petition Must Be Filed within 30 Days of Secretary’s Action. Under K.S.A. 60-1501(b), an inmate who is […]

111 P.3d 188 WILLARD TILLEY, Appellant, v. ALLIED PROPERTY CASUALTY INSURANCE COMPANY, Appellee. No. 92,723.Court of Appeals of Kansas. Opinion filed May 13, 2005. Petition for review denied 280 Kan. ___ (September 22, 2005). SYLLABUS BY THE COURT1. INSURANCE — Automobile Liability Insurance — Underinsured Motorist Coverage — Availability of Coverage to Claimant. Whether underinsured […]

297 P.2d 159 BERNARD O. WINFOUGH, Appellant, v. TRI-STATE INSURANCE COMPANY, a Corporation; EMILE TRUHLAR, J.L. CHEW and CHARLOTTE CHEW, doing business as C S WELL SERVICE COMPANY, a Partnership; RICHARD STECKLEIN; ANTON J. KLAUS, doing business as ANTON J. KLAUS TRUCK SERVICE, Hays, Kansas, Appellees. No. 40,029Supreme Court of Kansas Opinion filed May 5, […]

678 P.2d 169 EDITH HALL, Appellant, v. FRED H. MULLEN, et al., Appellees. No. 55,768Supreme Court of Kansas Opinion filed February 18, 1984. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appellate Review of Stipulated Facts. When a case is submitted to the trial court on an agreed stipulation of facts and documentary evidence, […]

834 P.2d 368 WILLIAM DON BOATRIGHT, Appellee, v. KANSAS RACING COMMISSION, Appellant, and RODNEY L. BOATRIGHT, Appellee, v. KANSAS RACING COMMISSION, Appellant. No. 67,050Supreme Court of Kansas Opinion filed May 22, 1992. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Presumption — Duty of Court to Uphold Statute. A statute is presumed constitutional and […]

430 P.2d 315 In the Matter of the Accusation for disbarment of MILFORD M. MAGEE. No. 45,044Supreme Court of Kansas Opinion canceling certificate filed July 13, 1967. Per Curiam: On May 2, 1967, the State Board of Law Examiners filed an accusation in disbarment against Milford M. Magee. On June 10, 1967, the accused filed […]

217 P.2d 269 In the Matter of the Estate of Charles S. Young, Deceased. (EARLE F. MILLER, JR., and CHARLES H. MILLER, Appellees, v. A.G. PYLE, et al., Appellants.) No. 37,760Supreme Court of Kansas Opinion filed April 8, 1950. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Appeal from Judgment Only. An appeal perfected […]

631 P.2d 249 TIMOTHY L. FIELDER, Administrator c.t.a. of the Estate of George Franklin Flater, Appellee/Cross-Appellant, v. AILEEN L. HOWELL, CLYDE C. HOWELL and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Appellants. Nos. 51,661, 51,662, 51,663Court of Appeals of Kansas Opinion filed July 10, 1981 SYLLABUS BY THE COURT 1. GUARDIANS — Joint […]

498 P.2d 60 JUNE LUTZ, Appellant, v. VELMA L. PEINE, Appellee. No. 46,351Supreme Court of Kansas Opinion filed June 10, 1972. SYLLABUS BY THE COURT 1. TRIAL — Object of Special Questions. The main object of special questions is to ferret out the various facts separately in order to enable the court to apply the […]

383 P.2d 965 STATE OF KANSAS, Appellee, v. RIDDELLE L. GREGORY, Appellant. No. 43,419Supreme Court of Kansas Opinion filed July 10, 1963. SYLLABUS BY THE COURT CRIMINAL LAW — Driving While Drunk — Evidence of Operating Vehicle — Rulings. The record in a prosecution for the offense of unlawfully driving a motor vehicle on the […]

276 P.2d 324 C.G. WHITSON (Contestor), Appellee, v. ALBERT ROBERTS (Contestee), Appellant. No. 39,648Supreme Court of Kansas Opinion filed November 13, 1954. SYLLABUS BY THE COURT ELECTIONS — Contest — Ruling of Trial Court. In an appeal from an order of the trial court remanding an election contest to the contest court, in accordance with […]

252 P.2d 841 STATE OF KANSAS, Appellee, v. ERNEST ASPINWALL, Appellant. Nos. 38,592 and 38,593Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT 1. COURTS — Mode of Arranging Trial Docket. Absent violation of any statutory provision a district court has power and authority to arrange its own trial docket in […]

293 P.2d 1014 STATE OF KANSAS, Appellee, v. PALLAS H. WEBBER, Appellant. No. 39,986Supreme Court of Kansas Opinion filed February 29, 1956. SYLLABUS BY THE COURT AUTOMOBILES — Violation of Vehicle Code — Public Offense Stated. The record examined and under the facts and circumstances appearing therein, it is held, defendant was properly charged with […]

439 P.2d 111 GERALD GARRIGUES, Appellant, v. THE FLUOR CORPORATION, LTD., and AMERICAN MOTORISTS INSURANCE COMPANY, Appellees. No. 45,170Supreme Court of Kansas Opinion filed April 6, 1968. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Medical Examination by Neutral Physician — Authority of Director. The provisions of K.S.A. 44-516 do not authorize or empower the […]

620 P.2d 315 In the Matter of the Adoption of TATUM OLIVIA HARRINGTON, A Minor. RICHARD E. TOLAND, Appellee, v. PATRICK DANIEL HARRINGTON, Appellant. No. 51,061Supreme Court of Kansas Opinion filed December 6, 1980. SYLLABUS BY THE COURT ADOPTION — Consent — Failure to Assume Parental Duties For Two Years — Strict Construction of Statute. […]

173 P.3d 1149 NANCY QUANDT, Appellee/Cross-appellee, v. IBP, Appellee/Cross-appellant, and KANSAS WORKERS COMPENSATION FUND, Appellant/Cross-appellee. No. 96,559.Court of Appeals of Kansas. January 11, 2008. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Preliminary Hearing Award Regarding Medical Treatment and Payment of Temporary Total Disability Compensation — Preliminary Award Subject to Review by Workers Compensation Board on […]

607 P.2d 477 STATE OF KANSAS, Appellee, v. HARVEY A. MOSES, JR., Appellant. No. 51,100Supreme Court of Kansas Opinion filed March 1, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Imposed in Open Court. In criminal cases, the judgment must be rendered and sentence imposed in open court. 2. SAME — Judgment […]

240 P.2d 463 FRED CRUMRINE, Appellant, v. HUGH A. CUMMINGS, Appellee. No. 38,500Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT LIMITATION OF ACTIONS — Statute Applicable to Affirmative Relief — Not Applicable to Matters of Pure Defense. Following the rule laid down in Muckenthaler v. Noller, 104 Kan. 551, 180 […]

398 P.2d 563 STATE OF KANSAS, Appellee, v. FRANK McGEE, Appellant. No. 44,005Supreme Court of Kansas Opinion filed January 23, 1965. SYLLABUS BY THE COURT CRIMINAL LAW — Escaping Penitentiary — Preliminary Hearing — Admissibility of Convictions — Misconduct of Counsel. In an appeal from conviction of the offense of escaping from the state penitentiary […]

393 P.2d 998 WILLIAM F. KRAMER, HELEN KRAMER BIERSMITH, JOSEPH M. KRAMER and JOSEPH M. KRAMER and HELEN KRAMER BIERSMITH, Executors of the Estate of Andrew A. Kramer, Deceased, Co-Partners, d/b/a COLUMBIAN STEEL TANK COMPANY, Appellants, v. FARMERS ELEVATOR COMPANY, a Corporation, Appellee. No. 43,738Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY […]

840 P.2d 477 STATE OF KANSAS, Appellee, v. VERNON ARRINGTON, Appellant. No. 66,844Supreme Court of Kansas Opinion filed October 30, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rape Shield Statute — Purposes of Statute. K.S.A. 21-3525, commonly referred to as the rape shield statute, has two principal purposes: (1) to protect a victim […]

88 P.3d 1246 SOUTHWEST AND ASSOCIATES, INC., Appellee, v. STEVEN ENTERPRISES, LLC, Appellant. No. 90,398.Court of Appeals of Kansas. Opinion filed May 7, 2004. SYLLABUS BY THE COURT1. APPEAL AND ERROR — District Court’s Findings of Fact and Conclusions of Law — Appellate Review. Where the district court has made findings of fact and conclusions […]

4 P.3d 592 CITY OF KANSAS CITY, KANSAS, Appellee, v. CARL G. LOPP, Appellant. No. 83,815.Supreme Court of Kansas Opinion filed April 21, 2000. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Docketing of Appeal with Clerk of Appellate Courts — Failure to Docket — Dismissal of Appeal — Reinstatement of Appeal. The district court […]

610 P.2d 111 STATE OF KANSAS, Appellant, v. GREGORY A. WILLIAMS, Appellee. No. 50,657Court of Appeals of Kansas Opinion filed April 25, 1980 SYLLABUS BY THE COURT 1. AUTOMOBILES — Consent of Driver to Submit to Chemical Test — Statutory Requirements Applicable After Arrest. The provisions of K.S.A. 1979 Supp. 8-1001 become operative only after […]

238 P.2d 472 C.E. YOUSE, Appellee, v. THE EMPLOYERS FIRE INSURANCE COMPANY, BOSTON, MASSACHUSETTS, Appellant. No. 38,467Supreme Court of Kansas Opinion filed December 8, 1951. SYLLABUS BY THE COURT 1. INSURANCE — Construction of Terms Used in Policy. Words employed in contracts of insurance are to be construed according to the meaning of the terms […]

690 P.2d 399 HOLTON TRANSPORT, INC., Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS and TRANS-OIL, LTD., Appellees. No. 56,874Court of Appeals of Kansas Opinion filed November 15, 1984 Petition for review denied 236 Kan. 875 (1985). SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Judicial Remand for Further Factual Findings by Administrative […]

789 P.2d 1153 STAUFFER COMMUNICATIONS, INC., Petitioner, v. THE HONORABLE DANIEL L. MITCHELL, THE STATE OF KANSAS, CLAUDE E. SUTHERLAND, AND DEMENTRE WEATHERLY, Respondents. No. 64,424Supreme Court of Kansas Opinion filed April 13, 1990. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. The fundamental rule of statutory construction is that the purpose […]

30 P.3d 1001 VANITA RUTH WARD, Petitioner, v. STANLEY T. WARD, Respondent/Appellee. IN THE MATTER OF THE GUARDIANSHIP/CUSTODY OF JACLYNN PAIGE WARD, a Minor, by and through her maternal aunt and uncle as next friend, STANLEY R. GATELEY and TINA GATELEY, Petitioners/Appellants, v. STANLEY T. WARD, DAVE WARD and DONNA WARD, Respondents/Appellees. IN THE MATTER […]

774 P.2d 363 MID-CENTRAL/SYSCO FOOD SERVICES, Appellee, v. BOARD OF TAX APPEALS, Appellant. No. 62,885Court of Appeals of Kansas Opinion filed May 19, 1989 SYLLABUS BY THE COURT 1. MORTGAGES — Lien on Real Property — Rights of Mortgagor. A mortgage is an instrument whereby a lien is created or imposed upon real property, investing […]

395 P.2d 317 GEORGE D. BOBO and BETTY J. BOBO, Appellants, v. MUTUAL OF OMAHA MUTUAL BENEFIT HEALTH AND ACCIDENT ASSN., a/k/a MUTUAL OF OMAHA INSURANCE COMPANY, Appellee. No. 43,753Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT 1. PLEADING — Motions to Strike — Judicial Discretion. Rulings on motions to […]

65 P.3d 1068 JOSHUA STEPHEN McNABB, By and Through his Mother and Next Friend, SHARON FOSHEE, Appellee, v. TIMOTHY McNABB, Appellant. No. 88,086.Court of Appeals of Kansas. Opinion filed April 4, 2003. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jurisdiction — Statutory Interpretation — Appellate Review. Appellate courts have unlimited review of jurisdictional issues […]