Category: Kansas Court Opinions

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 […]

643 P.2d 1156 BUCHER WILLIS CONSULTING ENGINEERS, PLANNERS AND ARCHITECTS, Appellee, v. JAMES K. SMITH, Administrator of the Estate of August Ziebell, deceased, and ROBERT C. JOHNSON, Appellants. No. 53,709Court of Appeals of Kansas Opinion filed April 29, 1982 SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Agency Relationship. The relation of attorney and […]

98 P.3d 304 VERSTYNEN v. BRUCE. No. 92,046.Court of Appeals of Kansas October 1, 2004. Appeal from the Reno. Decision Without Published Opinion. Affirmed.

533 P.2d 1303 UNION NATIONAL BANK OF WICHITA, Administrator of the Estate of Marie Pierce, Deceased, Appellee, v. CLARA MAYBERRY, Appellant. No. 47,633Supreme Court of Kansas Opinion filed April 5, 1975. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Action to Determine Ownership of U.S. Savings Bonds — POD Beneficiary — Voluntary Conservatorship — No […]

850 P.2d 844 STATE OF KANSAS, Appellee, v. DENNIS L. RICHARD, Appellant. No. 67,723Supreme Court of Kansas Opinion filed April 16, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Considerations of Sentencing Judge. The sentencing judge determines the sentence by exercising his or her best judgment, common sense, and judicial discretion after […]

225 P.3d 333 BEN J. and LAVELLE FRICK, et al., Appellants, v. CITY OF SALINA, KANSAS, A Municipal Corporation, Appellee. No. 99,791.Supreme Court of Kansas. Opinion filed June 5, 2009. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Legislative Intent — Unambiguous Statute — Court Need Not Resort to Applying Rules of Construction. Interpretation of […]

986 P.2d 365 STATE OF KANSAS, Appellant, v. JANETTA JEAN WILSON, Appellee. No. 79,509Supreme Court of Kansas Opinion Filed July 9, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Hearing — Legal Standards Applicable. The legal standards that apply to a preliminary hearing in a criminal case are: (1) From the evidence presented […]

508 P.2d 856 MRS. EDNUS NICHOLS, Widow of Harold L. Nichols, Deceased, Appellant, v. KANSAS STATE HIGHWAY COMMISSION, and CARRIERS INSURANCE COMPANY, Appellees. No. 47,002Supreme Court of Kansas Opinion filed April 7, 1973. SYLLABUS BY THE COURT 1. WORKMAN’S COMPENSATION — Legislative Intent — “Heart Amendment”. The legislative intent in enacting the so-called heart amendment […]

581 P.2d 1180 HUEY P. GREY and ANN GREY, Appellants, v. FREDDIE SCHMIDT and PEGGY SCHMIDT, Appellees. No. 48,729Supreme Court of Kansas Opinion filed July 21, 1978. SYLLABUS BY THE COURT 1. STATUTES — Construction. Words in common usage are to be given their natural and ordinary meaning in arriving at the proper construction of […]

553 P.2d 315 GERALD P. TIMI and TOM TIMI, GERALD P. TIMI and TOM TIMI, d/b/a TIMI BROTHERS, and PETE TIMI, Appellants, v. PRESCOTT STATE BANK, a corporation, and R.G. MURROW, Appellees. No. 48,028Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. TRIAL — Purpose of Summary Judgment Stated and […]

687 P.2d 37 STATE OF KANSAS and CITY OF OBERLIN, KANSAS, Appellees, v. RUSSELL RAULSTON, Appellant. No. 55,853Court of Appeals of Kansas Opinion filed September 20, 1984 SYLLABUS BY THE COURT 1. TAXATION — Personal Property Taxes — Payment of Taxes Condition Precedent to Receive Motor Vehicle Registration. K.S.A. 8-173(a) embodies the general rule that […]

21 P.3d 1011 ASELCO, INC., DR. S. JUSTIN KIM, RICK SOPHA, JOHN DICKESON, and SOS TELE-DATA, INC., Appellant/Cross-appellee, v. HARTFORD INSURANCE GROUP, Appellee/Cross-appellant. No. 84,476Court of Appeals of Kansas Opinion filed: April 13, 2001. Petition for review denied 272 Kan. 1417 (2001). SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction — Declaratory […]

818 P.2d 1184 MARK E. ROBINSON, Appellant, v. McBRIDE BUILDING COMPANY, INC., A Kansas Corporation, and MAX RIEKE BROTHERS, INC., A Kansas Corporation, Appellees, and RIEKE CONCRETE SYSTEMS, INC., A Kansas Corporation, Defendant. No. 66,243Court of Appeals of Kansas Opinion filed October 11, 1991 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Preservation of […]

575 P.2d 571 STATE OF KANSAS, Appellee, v. DOUGLAS C. STITZEL, Appellant. No. 48,768Court of Appeals of Kansas Opinion filed February 24, 1978 SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Search and Seizure. The Fourth Amendment governs police activities with respect to persons that stop short of full arrests and searches. 2. SEARCH AND […]

35 P.3d 797 STATE OF KANSAS, Appellee, v. MISTELLA D. KNEIL, Appellant. Nos. 83,938 84,358Supreme Court of Kansas Opinion filed: December 7, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Fact That Increases Penalty beyond Statutory Maximum Must Be Proved to Jury beyond Reasonable Doubt. Other than the fact of a prior […]

575 P.2d 559 STATE OF KANSAS, Appellee, v. JAMES C. STUART, Appellant, and DARYL B. JONES, Appellant. No. 49,304Supreme Court of Kansas Opinion filed February 25, 1978. SYLLABUS BY THE COURT 1. JURIES — Fairness and Impartiality. Fundamental to the jury system of justice is the concept that jurors will be fair and impartial and […]

1 P.3d 325 STATE OF KANSAS, Appellant, v. JEREMY J. BELL, Appellee. No. 82,586Supreme Court of Kansas Opinion filed: March 10, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Examinations — General Rules. Rules relative to preliminary examinations are stated. 2. SAME — Preliminary Examinations — State’s Burden of Proof — Court Lacks […]

73 P.3d 148Supreme Court of Kansas July 11, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Ditges 86204 Sedgwick 07/11/2003 Affirmed State v. Coleman 88159 Wyandotte 07/11/2003 Affirmed In the Matter of the Guardianship and Conservatorship of Ruben L. Crist 88435 Finney 07/11/2003 Affirmed in part, reversed in part, and remanded […]

877 P.2d 409 WARREN BROWN GILLESPIE and POLLY GILLESPIE TOWNSEND, Plaintiffs/Appellees, v. DOROTHEA WOFFORD SEYMOUR, as Co-Trustee of the BROWN-GILLESPIE TRUST ESTATE; DOROTHEA WOFFORD SEYMOUR, individually; PAUL A. SEYMOUR, JR.[*]; PAUL SEYMOUR, III; RUTH BASSETT; ROBERT W. BURDGE; GRANT-THORNTON, an accounting partnership; ARROWHEAD PETROLEUM, INC., a Kansas corporation; and BIG SPRINGS DRILLING, INC., a Kansas […]

9 P.3d 9 IN THE MATTER OF THE APPEAL OF JOSEPH ELIZABETH BARTON-DOBENIN FROM AN ORDER OF THE DIVISION OF TAXATION ON ASSESSMENT OF INCOME TAX, PENALTY, AND INTEREST. No. 83,423Supreme Court of Kansas Opinion filed July 21, 2000. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Duty of Court to Uphold Constitutionality Where […]

691 P.2d 392 STATE OF KANSAS, Appellee, v. CHARLES J. HOLLINGSWORTH, Appellant. No. 56,445Supreme Court of Kansas Opinion filed November 30, 1984. SYLLABUS BY THE COURT CRIMINAL LAW — Resentencing Hearing — Consideration of Prior Felony Convictions. A trial court, upon a resentencing hearing, may consider any prior felony conviction which could have been established […]

614 P.2d 430 STATE OF KANSAS, Appellee, v. DONALD L. DARGATZ, Appellant. No. 51,520Supreme Court of Kansas Opinion filed July 18, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Incitement to Riot — Constitutionality of Statute. K.S.A. 21-4105, which makes incitement to riot a crime, is not unconstitutionally vague nor a violation of the […]

872 P.2d 308 In the Matter of the Marriage of GWENDOLYN SUE JOHNSON, Appellant, and ROGER LEE JOHNSON, Appellee, and JOAN FAY HUNTOON, Appellant, and LEONARD ERWIN HUNTOON, Appellant. No. 70,584Court of Appeals of Kansas Opinion filed April 8, 1994 SYLLABUS BY THE COURT 1. KANSAS CONSTITUTION — Homestead Exemption. The homestead exemption in Kansas […]

836 P.2d 1222 MORRIS GRUHIN, Appellant, v. CITY OF OVERLAND PARK d/b/a Overland Park Golf Club, Appellee. No. 67,639Court of Appeals of Kansas Opinion filed August 28, 1992 SYLLABUS BY THE COURT 1. GOVERNMENTAL IMMUNITY — Negligence of Government Employee Acting within Employment — Recreational Use Exception. K.S.A. 1991 Supp. 75-6104(o) provides governmental entities with […]

693 P.2d 1156 In the Matter of the Estate of Sarah R. Reed, Deceased INDIANA UNIVERSITY FOUNDATION AND PAULINE WINNICK, Appellants, v. GEORGE ANDREW REED, MARGARET MOORE, MARIE SIEDSCHLAG, DOROTHY SCHWAB, VIOLA REED SIMISON, MARTHA REED SENDER, MARY REED WESTPHAL, GARY DITTMER, BEVERLY DITTMER, WARD DITTMER, JR., ROGER R. CHRISTENSEN, PAULETTE CHRISTENSEN GUSE, FRANKLIN E. […]

907 P.2d 847 STATE OF KANSAS, Appellant, v. JOHN D. MERTZ, Appellee. No. 74,027Supreme Court of Kansas Opinion filed December 8, 1995. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Double Jeopardy — Application to Uncontroverted Facts — Appellate Review. A trial court’s decision that double jeopardy applies to uncontroverted facts is a determination of […]

502 P.2d 782 STATE OF KANSAS, Appellee, v. SCOTT R. CADE, Appellant. No. 46,738Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal from Misdemeanor Conviction Appearance by Counsel — Dismissed for Failure of Defendant to Appear. Where a defendant has appealed a misdemeanor conviction to district […]

120 P.3d 319 STATE OF KANSAS, Appellee, v. RICHARD H. CHAMBERLAIN, Appellant. No. 91,007.Supreme Court of Kansas. Opinion filed September 30, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Diversion Agreement. A diversion agreement is the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against him […]

455 P.2d 487 MORENE FOLK, Appellee, v. JOSEPH C. FOLK, Appellant No. 45,362Supreme Court of Kansas Opinion filed June 14, 1969. SYLLABUS BY THE COURT 1. DIVORCE — Division of Property — Abuse of Discretion. The judgment of the district court providing for the division of property and allowance of alimony in a divorce action […]

548 P.2d 712 KENNETH BOYCE, Appellee, v. VIRGIL D. KNUDSON and EILEEN KNUDSON, Appellees, (HIGHLAND LUMBER COMPANY, INC. and MEYER LUMBER HARDWARE COMPANY, INC., Appellants), consolidated with TRI-STATE CONCRETE, INC., Appellee, v. KENNETH BOYCE, Appellee. No. 47,891Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT 1. MECHANICS’ LIENS — Origin Statutory […]

642 P.2d 972 STATE OF KANSAS, Appellant, v. GEORGE L. BUSSE, JR., Appellee. No. 53,180Supreme Court of Kansas Opinion filed April 3, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Questions Reserved by Prosecution. Appeals on questions reserved by the prosecution in criminal actions will not be entertained merely to demonstrate whether or not […]

783 P.2d 1316 STATE OF KANSAS, Appellee, v. MICHAEL L. MARTIN, Appellant. No. 63,347Court of Appeals of Kansas Opinion filed December 22, 1989 Petition for review denied 246 Kan. 769 (1990). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence — Sentencing — Mandatory Imprisonment for Third or Subsequent DUI Conviction. The purpose […]

80 P.3d 1156 STATE OF KANSAS, Appellee, v. JERMANE D. LOWE, Appellant. No. 88,845.Supreme Court of Kansas. Opinion filed: December 19, 2003. SYLLABUS BY THE COURT1. EVIDENCE — Gang Affiliation Evidence — Admissibility — Trial Court Discretion — Appellate Review. The standard of review on the admission of gang evidence is abuse of discretion. Discretion […]

850 P.2d 262 HAZEL SCOTT, Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant. No. 66,870[1] Court of Appeals of Kansas Opinion filed April 10, 1992 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated July 8, 1992, pursuant to Rule 7.04 (1992 […]

510 P.2d 1190 ANGELINE B. RANDALL, Appellant, v. PEPSI-COLA BOTTLING COMPANY, INC., and CASUALTY RECIPROCAL EXCHANGE, Appellees. No. 46,848Supreme Court of Kansas Opinion filed June 9, 1973. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Neurotic Condition Not a Consequence of the Injury — Failure to Appeal — Res Judicata Applies — Claimant Cannot Obtain Director’s […]

666 P.2d 716 STATE OF KANSAS, Appellee, v. ROBERT GREEN, Appellant. No. 55,419Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal of Sentence — Jurisdiction of Appellate Courts to Hear Direct Appeal. A direct appeal by the defendant from the sentence imposed in a criminal action […]

696 P.2d 372 DAVID NEISES and MARLENE NEISES, husband and wife, and BOARD OF COUNTY COMMISSIONERS for DICKINSON COUNTY, KANSAS, Appellants, v. THE SOLOMON STATE BANK, SOLOMON, KANSAS, A Corporation, and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., Appellees. Nos. 56,441, 56,970Supreme Court of Kansas Opinion filed March 2, 1985. SYLLABUS BY THE COURT 1. […]

925 P.2d 843 STATE OF KANSAS, Appellant, v. TOM J. DEWEY, Appellee. No. 76,662Court of Appeals of Kansas Opinion filed October 25, 1996 Petition for review denied 261 Kan. 1085 (1996). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Relitigation of Issued Determined in Administrative Driver’s License Suspension Hearing — Collateral Estoppel Not Applicable. The […]

667 P.2d 289 LARRY McGRAW, Appellant, v. SANDERS COMPANY PLUMBING AND HEATING, INC., and HERMAN BIRKS, Appellees. No. 53,920Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. STATUTES — Prospective Application. Generally, a statute operates prospectively unless its language clearly indicates the legislature intended it to operate retroactively. 2. CIVIL […]

317 P.2d 480 THE STATE OF KANSAS, Appellee, v. W.T. BEAN, Appellant. No. 40,675Supreme Court of Kansas Opinion filed November 9, 1957. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Information — Endorsement of Witnesses. In a trial of a criminal action it is not error to permit a witness whose name is not endorsed […]

893 P.2d 280 SHANE L. PALETTA, Appellant, v. CITY OF TOPEKA, KANSAS, and THE HONORABLE JOSEPH COX, JUDGE OF THE TOPEKA MUNICIPAL COURT, Appellees. No. 71,881Court of Appeals of Kansas Opinion filed April 7, 1995 Petition for review denied 258 Kan. ___ (July 31, 1995). SYLLABUS BY THE COURT CRIMINAL LAW — Driving under Influence […]

267 P.2d 955 ADELINE HARRIS, Appellant, v. JOE HARRIS, Appellee. No. 39,223Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT 1. NEW TRIAL — Hearing by Successor Judge — Construction of Statute. The provisions of G.S. 1949, 60-3002, are not to be construed as precluding a successor judge of the district […]

290 P.2d 90 L.W. LANDIS, Appellant, v. MOTORS INSURANCE CORPORATION, a Corporation, Appellee. No. 39,859Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT 1. INSURANCE — Automobile Collision Insurance — Entire or Severable Contract. Where the property covered by the provisions of an automobile collision insurance policy is so described and […]

567 P.2d 1371 EASTERN DISTRIBUTING CO., INC., Appellee, v. TERRY A. FLYNN, Appellant. No. 48,471Supreme Court of Kansas Opinion filed July 11, 1977. SYLLABUS BY THE COURT 1. CONTRACTS — Antidisclosure and Anticompetition Covenants — Contract of Employment — Test of Reasonableness. Antidisclosure and anticompetition covenants, ancillary to a contract of employment freely entered into […]

65 P.3d 544 CITY OF MULVANE, KANSAS, Appellee, v. JEFFERY ROBERTS, Appellant. No. 88,976.Court of Appeals of Kansas. Opinion filed March 28, 2003. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Appeal from Municipal Court — Notice Required. K.S.A. 2002 Supp. 22-3609 is not ambiguous and clearly requires that a notice of appeal from a municipal […]

543 P.2d 939 KENNETH A. ROTH, Appellant, v. STATE OF KANSAS, Appellee. No. 47,846Supreme Court of Kansas Opinion filed December 13, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Sentence — Jury Selected from Assessment Rolls. In a proceeding instituted pursuant to K.S.A. 60-1507 the petitioner attacks his sentence on convictions […]

870 P.2d 705 BRAD K. BLYTHE, Appellant, v. BUD BLYTHE and J.K. CORPORATION, Appellees. No. 70,019Court of Appeals of Kansas Opinion filed March 18, 1994 SYLLABUS BY THE COURT 1. CORPORATION — Dissolution of Two-person Corporation. K.S.A. 17-6804(d) is construed and applied. 2. SAME — Dissolution of Two-person Corporation — Trial Court Discretion. K.S.A. 17-6804(d) […]

933 P.2d 761 In the Matter of LARRY T. HUGHES, Respondent. Docket No. 06993.Supreme Court of Kansas March 11, 1997. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated March 3, 1997, to the Clerk of the Appellate Courts, respondent Larry T. Hughes, of Topeka, an attorney admitted to […]

285 P.2d 1099 ELLA S. STRAIN, et al., Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee. No. 39,664Supreme Court of Kansas Opinion filed July 6, 1955. SYLLABUS BY THE COURT 1. TRIAL — Amendment of Verdict of Jury. Except in instances such as where a court is authorized under the provisions of G.S. 1949, […]

197 P.3d 370 COMPREHENSIVE HEALTH OF PLANNED PARENTHOOD OF KANSAS AND MID-MISSOURI, INC., Petitioner, v. PHILL KLINE, JOHNSON COUNTY DISTRICT ATTORNEY, Respondent, and STEPHEN N. SIX, KANSAS ATTORNEY GENERAL, Intervenor. No. 98,747.Supreme Court of Kansas. Opinion Filed December 5, 2008. SYLLABUS BY THE COURT1. MANDAMUS — Petition for Mandamus — Original Jurisdiction in Kansas Supreme […]

699 P.2d 1023 LOWELL L. ANDERSON, AILEEN R. ANDERSON, and AVANTI PETROLEUM, INC., Plaintiffs-Appellees, v. BEECH AIRCRAFT CORPORATION, Defendant-Appellant. No. 57,233Supreme Court of Kansas Opinion filed May 10, 1985. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Interlocutory Appeal in Civil Case — Statutory Findings Required in Order Appealed — Amendment of Order to Comply […]

320 P.2d 862 BORDMAN INVESTMENT COMPANY, a Corporation, Appellant, v. WILLIS D. FIELD and PAULINE V. FIELD, and COMMERCE TRUST COMPANY (Intervener), Appellees. No. 40,752Supreme Court of Kansas Opinion filed January 25, 1958. SYLLABUS BY THE COURT REPLEVIN — Action to Recover Possession of Automobile — Noncompliance With Registration Act — Rulings Considered. In a […]

502 P.2d 799 MRS. WINIFRED ANDERSON and JAMES D. VOTH and EILEEN VOTH, Parents of JAMES M. VOTH, Deceased, Appellants, v. H.K. BEARDMORE, HEBER BEARDMORE, JR. and EDNA BEARDMORE d/b/a BEARDMORE DRILLING COMPANY; and E.L. BIRMINGHAM, JR., W.N. BARTLETT and RICHARD HINDERY, d/b/a BIRMINGHAM-BARTLETT DRILLING COMPANY, Appellees. No. 46,545Supreme Court of Kansas Opinion filed November […]

646 P.2d 1141 B.J. LINNENS, CHARLES DANNENFELSER and JIMMIE D. BALDWIN, Appellees, v. EUGENE CHRISTENSEN, GERRY HARRIS, JON THOLE, RON KIRKPATRICK, REUBEN ZERGER, LES ALLISON, RON LUDWIG, the Duly Elected and Acting Members of the BOARD OF EDUCATION OF MARION AND FLORENCE UNIFIED SCHOOL DISTRICT No. 408, MARION COUNTY, KANSAS, Appellants. No. 53,397Court of Appeals […]

612 P.2d 158 STATE OF KANSAS, Appellee, v. CHARLES E. MACK, Appellant. No. 51,252Supreme Court of Kansas Opinion filed June 14, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Crime Involving Firearm — Judge Should Specify Who Used Firearm. Whether a defendant used a firearm in the commission of an Article 34 […]

532 P.2d 1292 CITY OF JUNCTION CITY, Appellant, v. VERNON LEE, Appellee. No. 47,580Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Right to Bear Arms. The provision in section 4 of the Kansas bill of rights that “the people have the right to bear arms for […]

218 P.2d 192 In the Matter of the Estate of John E. Schippel, Deceased. (JAMES A. JENNERSON, Appellee, v. ROSE M. SCHIPPEL, Appellant.) No. 37,804Supreme Court of Kansas Opinion filed May 6, 1950. SYLLABUS BY THE COURT 1. WILLS — Will Written or Prepared by Principal Beneficiary — Confidential Agent — Construction of Statute. Under […]

751 P.2d 146 KANSAS GAS AND ELECTRIC COMPANY, Plaintiff-Appellee, v. KANSAS POWER AND LIGHT COMPANY, Defendant-Appellant, CENTEL CORPORATION, Defendant, and UTILICORP UNITED, INC., Defendant. No. 60,781Court of Appeals of Kansas Opinion filed March 10, 1988 Petition for review denied May 4, 1988. SYLLABUS BY THE COURT 1. ARBITRATION — Appeal from Order Denying Application to […]

114 P.3d 190 STATE v. MARSHALL. Nos. 91,910, 91,911, 91,912, 91,988.Court of Appeals of Kansas. July 1, 2005. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

285 P.2d 782 P.B. MEYER, REX BIRK, JIM SCALES, GEORGE SCALES, RALPH CHARLES JACOBSEN, et al., Appellants, v. JOHN LATTA; JOHN LATTA doing business as Granada Drilling Company and doing business as Granada Drilling and Production Company; THE WALKER-NEER MACHINE COMPANY, a corporation; THE WALKER-NEER MANUFACTURING COMPANY, a Corporation, et al., Appellees. No. 39,747Supreme Court […]

695 P.2d 812 JAMES P. SELLARS and KELLY SELLARS, Appellants, v. STAUFFER COMMUNICATIONS, INC. Appellee. No. 55,387Supreme Court of Kansas Opinion filed March 2, 1985. SYLLABUS BY THE COURT TORTS — Defamation — Action Brought by Wife of Public Official against Member of News Media — Determination of Whether Plaintiff Required to Prove Malice. In […]

360 P.2d 880 DONALD L. WEY, Appellee, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellant. No. 42,345Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT HABEAS CORPUS — Parole Violator — Extraterritorial Effect of Warrant — Credit to be Determined by Board. The record in an appeal from […]

612 P.2d 563 FRANK E. BOLSER and MABLE M. BOLSER, husband and wife, Appellants, v. ZONING BOARD FOR AUBRY TOWNSHIP, KANSAS; and THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, Appellees. No. 50,269Supreme Court of Kansas Opinion filed June 14, 1980. SYLLABUS BY THE COURT 1. ZONING — Action to Determine Reasonableness of County […]

804 P.2d 1026 CITY OF ARKANSAS CITY, KANSAS, CITY OF HESSTON, KANSAS, and SOUTHWEST NATIONAL BANK, WICHITA, KANSAS, Appellees, v. A. SCOTT ANDERSON, E. SYLVIA ANDERSON, K.M. LAND CO., and LOUISBURG GRAIN, INC., Defendants, and T.J. KLINE, INC., and GUARANTY SERVICE CORPORATION, INC., Appellants. No. 64,758Court of Appeals of Kansas Opinion filed January 18, 1991 […]

69 P.3d 559 STATE OF KANSAS, Appellee, v. JERRY COOPER, Appellant. No. 87,141.Supreme Court of Kansas Opinion filed May 30, 2003. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Constitutional Issue — Appellate Review. The court’s examination of a constitutional question based upon given facts is a question of law. An appellate court’s scope of […]

222 P.2d 558 THE STATE OF KANSAS, Appellee, v. BILL NEER, Appellant. No. 37,956Supreme Court of Kansas Opinion filed October 7, 1950. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Objections and Exceptions — Necessity of Raising Question Below. Errors of law occurring at the trial of a criminal action and not presented in a […]

747 P.2d 811 GREGORY SCOTT BOALDIN and KENT BOALDIN, Appellants, v. UNIVERSITY OF KANSAS, KANSAS BOARD OF REGENTS, and STATE OF KANSAS, Appellees. No. 60,464Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Considerations by Court When Ruling on Motion. It is a well-established rule that, in […]

105 P.3d 279 STATE v. NIENKE. No. 90,928.Court of Appeals of Kansas February 4, 2005. Appeal from the Reno. Decision without published opinion. Affirmed in part, reversed in part, and remanded.

114 P.3d 190 GARCIA v. STATE. No. 92,392.Court of Appeals of Kansas. July 1, 2005. Appeal from the Wyandotte. Decision without published opinion. Affirmed.

116 P.3d 38 PATRICK J. ROSKILLY, Claimant/Appellee, v. THE BOEING COMPANY, Respondent/Appellant, and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Insurance Carrier/Appellant. No. 93,033.Court of Appeals of Kansas. Opinion filed: July 29, 2005. SYLLABUS BY THE COURTWORKERS COMPENSATION”Work Disability Benefits — Statute Does Not Distinguish between Accommodated and Unaccommodated Employment in Determining Entitlement to Benefits. […]

267 P.2d 532 LAURENCE HUERTER, et al., Appellants, v. CHARLES HASSIG, et al., Appellees. No. 39,191Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT 1. STATUTES — Actions Against State — Venue — Construction. G.S. 1949, 75-417 examined and held, it pertains to actions involving lands on which the state is […]

506 P.2d 1111 DAVID W. CARSON, Appellant, v. CITY OF KANSAS CITY, KANSAS and STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellees. No. 46,813Supreme Court of Kansas Opinion filed March 3, 1973. MEMORANDUM OPINION EMINENT DOMAIN — Action for Injunctive Relief — Discretion — Evidence to Support Judgment. Appeal from Wyandotte district court, division […]

319 P.2d 165 HAROLD M. WELTMER and MARILYN JEAN WELTMER, Appellants, v. LLOYD E. MATHIS and CECILE C. MATHIS, Appellees. No. 40,660Supreme Court of Kansas Opinion filed December 7, 1957. SYLLABUS BY THE COURT LANDLORD AND TENANT — Petition — Demurrer. In an action to recover for alleged wrongs arising out of a relationship in […]

368 P.2d 281 VERNON D. CAYLOR, Appellee, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, and WILLARD E. GENTRY, Appellants. No. 42,469Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT AUTOMOBILES — Injecting Subject of Insurance Inadvertently — Failure to Admonish Jury — Per Diem or Mathematical Formula. In […]

102 P.3d 1 MARTIN v. McKUNE. No. 92,067.Court of Appeals of Kansas December 17, 2004. Appeal from the Leavenworth. Decision without published opinion. Affirmed.

496 P.2d 1308 WILLIAM O. COMSTOCK, Appellant, v. GREAT LAKES DISTRIBUTING COMPANY, a Corporation, Appellee, and R. C. DISTRIBUTORS, INC., a Corporation, VULCAN MANUFACTURING COMPANY, INC., a Corporation. No. 46,297Supreme Court of Kansas Opinion filed May 6, 1972. SYLLABUS BY THE COURT 1. CORPORATIONS — Rights of Creditors Against Assets and Transferees — Exceptions. Generally […]

260 P.3d 387 BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, Appellee, v. CITY OF PARK CITY, KANSAS, Appellant. No. 100,157Supreme Court of Kansas Opinion filed September 9, 2011. SYLLABUS BY THE COURT1. The right to appeal is entirely statutory and not a right vested in the United States Constitution or the Kansas Constitution. Kansas […]

629 P.2d 1174 SOUTHWESTERN BELL TELEPHONE COMPANY, Applicant, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, et al., Respondents. Nos. 52,852, 52,952Court of Appeals of Kansas Opinion filed June 12, 1981 Petition for review denied September 18, 1981. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Orders or Decisions Subject to Review — […]

241 P.2d 775 C.R. VONACHEN and MYRTLE ANN VONACHEN, Appellees, v. (PRATT GLASS COMPANY, a partnership, et al.) INDEPENDENT LUMBER COMPANY, a partnership, Appellants, and RAY R. SMITH, Appellee. No. 38,550Supreme Court of Kansas Opinion filed March 8, 1952. SYLLABUS BY THE COURT 1. COSTS AND FEES — Recovery of Attorney Fees. Following State, ex. […]