Category: Kansas Court Opinions

239 P.2d 933 E. LOUISE SINK, Appellant v. A.C. SINK, Appellee. No. 38,393Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT HUSBAND AND WIFE — Torts — Actions by One Spouse Against Another. Neither spouse may maintain an action in tort for damages against the other. Appeal from Sedgwick district court, […]

31 P.3d 982 NORTHWEST ARKANSAS MASONRY, INC., Appellant, v. SUMMIT SPECIALTY PRODUCTS, INC., Appellee, and MATERIALS PACKAGING CORPORATION and ASH GROVE CEMENT COMPANY, Appellees/Cross-appellants. No. 83,907Court of Appeals of Kansas Opinion filed: September 14, 2001. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application. Rules concerning summary judgment are stated and applied. 2. PRODUCTS LIABILITY […]

680 P.2d 555 STATE OF KANSAS, Appellant, v. KEVIN PATRZYKONT, and GREGORY MEIER, Appellees. No. 56,026Supreme Court of Kansas Opinion filed April 27, 1984. SYLLABUS BY THE COURT CRIMINAL LAW — Dismissal of Action Prior to Preliminary Hearing — Appellate Court without Jurisdiction to Hear Interlocutory Appeal When State Has Not Appealed Order of Dismissal. […]

499 P.2d 532 AVIS F. DRAKE, Widow of Darrell A. Drake, Deceased, Appellee, v. STATE DEPARTMENT OF SOCIAL WELFARE — LARNED STATE HOSPITAL, Appellant. No. 46,585Supreme Court of Kansas Opinion filed July 19, 1972. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Finding Injury Arose Out of and in Course of Employment — Finding Supported […]

380 P.2d 348 BONICAMP, KOELLING and SMITH, a Partnership, Appellees, v. R.B. McNEELY, Appellant. No. 43,127Supreme Court of Kansas Opinion filed April 6, 1963. SYLLABUS BY THE COURT ACCOUNTS — Account Stated — Petition — Statute of Limitations. In an action to recover on an account for services rendered, as more fully set forth in […]

732 P.2d 737 BILLY OIL COMPANY, INC., et al., Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LEAVENWORTH, KANSAS, et al., Appellees. No. 59,431Supreme Court of Kansas Opinion filed February 20, 1987. SYLLABUS BY THE COURT COUNTIES — Special Use Permit Fee Assessed by County against Oil and Gas Producers — Validity […]

14 P.3d 1111 IN THE MATTER OF THE APPEAL OF INTERCARD, INC. FROM AN ORDER OF THE DIVISION OF TAXATION ON ASSESSMENT OF COMPENSATING USE TAX No. 83,802Supreme Court of Kansas Opinion filed December 8, 2000. SYLLABUS BY THE COURT 1. TAXATION — Board of Tax Appeals — Deference Given by Court to BOTA’s Tax […]

26 P.3d 76 STATE OF KANSAS, ex rel. SECRETARY OF DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellees, v. WILLIE C. COOK, JR., Appellant. No. 85,478Court of Appeals of Kansas Opinion filed: June 15, 2001. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Action to Recover Assistance Paid on Behalf of Child — Defenses Allowed […]

124 P.3d 86 STATE v. JOHNSON. No. 93,909.Supreme Court of Kansas. December 9, 2005. Appeal from Wyandotte. Decisions Without Published Opinions. Appeal dismissed.

173 P.3d 656 STATE OF KANSAS, Appellee, v. VERONICA J. SPANGLER, Appellant. No. 96,326.Court of Appeals of Kansas. December 21, 2007. SYLLABUS BY THE COURT1. INDICTMENT AND INFORMATION — Amendment before Verdict. Under K.S.A. 2006 Supp. 22-3201(e), a trial court may permit a complaint or information to be amended at any time before verdict or […]

407 P.2d 478 EDWARD J. ZELLER, Appellee, v. EDITH ZELLER, Appellant. No. 44,180Supreme Court of Kansas Opinion filed November 6, 1965. SYLLABUS BY THE COURT 1. DIVORCE — No Obligation for Support of Stepchild. In the absence of a statute a stepfather has no obligation to provide for support of a stepchild. 2. SAME — […]

285 P.2d 1070 T.K. LINDEN, ELMER R. CORN, EDWARD McGIVNEY, OLIVE McGIVNEY IVEN and EMMETT McGIVNEY, Plaintiffs, v. THE BOARD OF PARK COMMISSIONERS OF THE CITY OF WICHITA, and O.J. WATSON, Chairman; F.F. BERGIER, ROBERT E. ISRAEL, JR., DUANE J. BUCKLEY and GEORGE M. BROWN, as members of the BOARD OF PARK COMMISSIONERS; and THE […]

970 P.2d 1000 STATE OF KANSAS, Appellee, v. DARRELL G. BATESON, Appellant. Nos. 77,155, 77,156Supreme Court of Kansas Opinion filed December 11, 1998. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Robbery — Forcible Taking of Property — Violence to Victim Must Precede or Be Contemporaneous with Taking. To constitute the crime of robbery by […]

256 P.2d 859 COMMERCIAL CREDIT CORPORATION, Appellant, v. WALTER E. KEMP and THE McPHERSON CITIZENS STATE BANK OF McPHERSON, KANSAS, Appellees. No. 38,933Supreme Court of Kansas Opinion filed May 9, 1953. SYLLABUS BY THE COURT 1. REPLEVIN — Sufficiency of Petition. In an action for replevin of an automobile, the petition complied with the requirements […]

476 P.2d 228 AMINO BROTHERS COMPANY, INC., Appellant, v. TWIN CANEY WATERSHED (JOINT) DISTRICT No. 34 of CHAUTAUQUA, MONTGOMERY, AND ELK COUNTIES, KANSAS, and QUIVIRA COUNCIL, BOY SCOUTS OF AMERICA, Appellees. No. 45,813Supreme Court of Kansas Opinion filed November 7, 1970. SYLLABUS BY THE COURT 1. ACCORD AND SATISFACTION — What Constitutes. To constitute an […]

281 P.2d 1112 MARIE E. RICHARDSON, Appellant, v. CITIZENS STATE BANK OF STERLING, KANSAS, et al., Appellees. No. 39,560Supreme Court of Kansas Opinion filed April 9, 1955. SYLLABUS BY THE COURT QUIET TITLE — As to Mineral Interest — Determining Interests. The record examined in an action to quiet the title to real estate as […]

20 P.3d 39 DAVID PRAGER, III, Plaintiff/Appellant, v. STATE OF KANSAS, DEPARTMENT OF REVENU ; KARLA PIERCE, Secretary of the Kansas Department of Revenue, In Her Official Capacity; and JOHN D. LaFAVER, former Secretary of Kansas Department of Revenue, In His Personal Capacity. Defendants/Appellees. No. 83,714Supreme Court of Kansas Opinion filed: March 23, 2001. SYLLABUS […]

679 P.2d 700 MELBA JEANNE DIVINE, as Guardian and Conservator of The Estate of JAMES L. WINFREE, Appellant and Cross-Appellee, v. MAX E. GROSHONG AND LIBERTY MUTUAL INSURANCE COMPANY, Appellees and Cross-Appellants. No. 55,667Supreme Court of Kansas Opinion filed March 24, 1984. SYLLABUS BY THE COURT 1. EVIDENCE — Relevant Evidence — Admissibility. Except as […]

374 P.2d 578 DON WILLIAMS, Appellee, v. THE CITY OF WICHITA, KANSAS, a Municipal Corporation, Appellant, and LAYNE WESTERN COMPANY. No. 42,312Supreme Court of Kansas Opinion filed September 17, 1962. SYLLABUS BY THE COURT WATERS — Act Appropriating Waters for Beneficial and Public Purposes — Underlying Waters — Vested Rights — Constitutionality. The Act (G.S. […]

638 P.2d 914 ELLA MAY BRITT, Appellant, v. ALLEN COUNTY COMMUNITY JUNIOR COLLEGE, et al., Appellees. No. 52,998Supreme Court of Kansas Opinion filed January 15, 1982. SYLLABUS BY THE COURT 1. COMPARATIVE NEGLIGENCE — Landowner’s Duty to Licensee — Effect of Comparative Negligence on Duty Owed. The enactment of the comparative negligence statute, K.S.A. 60-258a, […]

710 P.2d 682 ROBERT R. KIMBERLIN and GALEN L. SCHAEFER, Appellants, v. CITY OF TOPEKA, KANSAS; William B. McCormick, Jack F. Alexander, James L. Claussen, Harry L. Felker, and William P. Sheahan, as members of the governing body, The Board of Commissioners of the City of Topeka, Kansas; and The Board of County Commissioners of […]

24 P.3d 92 JOSEPH D. JOHNSON, Appellant, v. STATE OF KANSAS, Appellee. No. 83,495Supreme Court of Kansas Opinion filed: June 1, 2001. SYLLABUS BY THE COURT HABEAS CORPUS — Voluntariness of Jury Trial Waiver — Correctness of Sentence — Movant’s K.S.A. 60-1507 Claims Denied. In an appeal of the denial of a K.S.A. 60-1507 post-conviction […]

574 P.2d 942 STATE OF KANSAS, Appellee, v. CRAIG NORTON GLAZER, Appellant. No. 48,922Supreme Court of Kansas Opinion filed January 21, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Conspiracy — Elements. Conspiracy as defined in K.S.A. 21-3302 consists of two essential elements: (1) An agreement between two or more persons to commit or […]

165 P.3d 304 STATE OF KANSAS, Appellant, v. JARED L. CHILSON, Appellee. No. 96,418.Court of Appeals of Kansas. Opinion field August 24, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review of District Court’s Ruling on Motion to Suppress. When reviewing a district court’s ruling on a motion to suppress, […]

678 P.2d 118 THE FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY and VIRGINIA EASON WEINMANN, Trustees Under the Will of ADA S. EASON; THE FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY, VIRGINIA EASON WEINMANN and JOHN G. WEINMANN, Trustees Under the Will of T. WINSTON EASON; I. WAYNE WOOLSEY; and JOAN […]

612 P.2d 1253 FENDER PIPE SUPPLY, INC., Appellant, v. DON JENKINS and ED BROYLES, Appellees. No. 50,898Court of Appeals of Kansas Opinion filed June 27, 1980 SYLLABUS BY THE COURT OIL AND GAS — Lien of Contractor for Material Sold and Delivered to Leasehold — Material Must Be Used for Lien to Be Effective. In […]

386 P.2d 263 FRED E. DEXTER, Appellant, v. SHERMAN H. CROUSE, Warden of the Kansas State Penitentiary, Appellee. No. 43,499Supreme Court of Kansas Opinion filed November 2, 1963. SYLLABUS BY THE COURT HABEAS CORPUS — Effect of Plea of Guilty — Failure to Establish Grounds. The record on appeal from an order and judgment of […]

710 P.2d 689 FRANK JAMES LEE, SR., and MARY VIRGINIA LEE, both as individuals and as co-administrators of the Estate of Frank James Lee, Jr., Appellants, v. CITY OF FORT SCOTT, Appellee. No. 58,141Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY THE COURT 1. NEGLIGENCE — Gross and Wanton Negligence — Proof. […]

182 P.3d 1231 STATE OF KANSAS, Appellant, v. KENNETH R. SKOLAUT, Appellee. No. 97,401.Supreme Court of Kansas. Opinion filed May 16, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — State’s Appeal on a Question Reserved — When Appeal Accepted by Appellate Courts. Appellate courts will accept appeal of questions reserved when the issues are matters […]

923 P.2d 520 FGB REALTY ADVISORS, INC., F/K/A v. FIRST GIBRALTAR REALTY ADVISORS, INC., Appellant, DAVID L. KELLER AND LAVETTA KELLER, Appellees. No. 74,965Court of Appeals of Kansas Opinion filed September 13, 1996 Petition for review denied 261 Kan. 1082 (1996). SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTIONS — Acceleration Clause in Promissory Note […]

257 P.2d 1115 GULA WRIGHT, Appellant, v. CITY OF WICHITA, Appellee, and FOX-VLIET DRUG COMPANY, Defendant. No. 38,978Supreme Court of Kansas Opinion filed June 6, 1953. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Defective Sidewalk — Ice and Snow — Notice — Contributory Negligence — Petition — Demurrer. The petition examined in an action against […]

865 P.2d 1051 JETZ SERVICE CO., INC., Appellee, v. SALINA PROPERTIES, A NEBRASKA GENERAL PARTNERSHIP, Appellant. No. 69,799Court of Appeals of Kansas Opinion filed December 23, 1993 SYLLABUS BY THE COURT 1. CONTRACTS — Breach of Contract — Damages — Loss of Profits — Proof Required. Loss of profits resulting from a breach of contract […]

807 P.2d 705 STATE OF KANSAS, Appellee, v. STEVEN A. ROLAND, Appellant. No. 64,596Court of Appeals of Kansas Opinion filed March 15, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Trial — Constitutional and Statutory Right. A defendant in a criminal case has a constitutional and statutory right to a jury trial. 2. […]

360 P.2d 1085 D.O. CONCANNON, Administrator of the Estate of M.Z. Hall, Jr., Deceased, Appellee, v. ROSS TAYLOR, Appellant. No. 42,160Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT 1. PLEADINGS — Joinder of Wrongful Death with Personal Injury Action which Survived Proper. A cause of action to recover damages sustained […]

578 P.2d 281 STATE OF KANSAS, ex rel., CURT T. SCHNEIDER, Attorney General, Appellant, v. CHARLES M. McAFEE, Appellee. No. 49,257Court of Appeals of Kansas Opinion filed May 5, 1978 Petition for review denied September 26, 1978. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Limitation of Actions — Action Arising out of Governmental Function. […]

290 P.2d 834 FANNIE HOPE GUTHRIE, Appellee, v. J.C. POWELL and RICHARD V. WOODDELL, Appellants. No. 39,871Supreme Court of Kansas Opinion filed December 10, 1955. SYLLABUS BY THE COURT 1. NEGLIGENCE — Res Ipsa Loquitur — Demurrer to Petition. Examining a petition in an action for damages for personal injuries in which plaintiff predicates her […]

38 P.3d 723 NATIONAL COMPRESSED STEEL CORPORATION, Appellant, v. THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS, Appellee. No. 86,401Supreme Court of Kansas Opinion filed: January 25, 2002. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Application. Eminent domain is the right and power of government or lawfully designated authority to take private property for […]

62 P.3d 685 J. MICHELLE JOHNSON and ALAN L. JOHNSON, Appellees, v. WESTHOFF SAND COMPANY, INC., Defendant, v. MIDCONTINENT CASUALTY COMPANY, Appellant. No. 88,320.Court of Appeals of Kansas. Opinion filed February 7, 2003. SYLLABUS BY THE COURT1. TRIAL — Party’s Right to Full Trial — Unequivocal and Explicit Waiver — Trial on Stipulated Facts by […]

527 P.2d 983 LEON STOHR, Appellant, v. JAMES C. DONAHUE and DONAHUE MANUFACTURING CO., INC., Appellees. No. 47,316Supreme Court of Kansas Opinion filed November 2, 1974. SYLLABUS BY THE COURT 1. MALICIOUS PROSECUTION — Necessary to Prove Malice and Lack of Probable Cause. To maintain an action for malicious prosecution the plaintiff must prove both […]

352 P.2d 436 HAZEL TAYLOR, Appellant, v. PAUL R. JOHNSON, Appellee. No. 41,620Supreme Court of Kansas Opinion filed May 14, 1960. SYLLABUS BY THE COURT 1. TRIAL — Verdict and Findings — Conflict Between Verdict and Findings. If the jury’s special findings of fact are inconsistent with the general verdict and consistent with each other, […]

292 P.2d 698 STATE OF KANSAS, Appellee, v. ODIST GRAY, Appellant. No. 39,935Supreme Court of Kansas Opinion filed January 28, 1956. SYLLABUS BY THE COURT 1. HOMICIDE — Evidence of Turbulent and Quarrelsome Character — Of Deceased — Self-defense. On a trial for murder, the defendant, after laying a proper foundation by evidence tending to […]

55 P.3d 324 STATE OF KANSAS, APPELLEE, v. DANA LINN FLYNN, APPELLANT. No. 82,983Supreme Court of Kansas Opinion filed: September 27, 2002. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Jurisdiction of Supreme Court to Hear Criminal Appeal — Exceptions to Rule Denying Jurisdiction following Untimely Filed Notice of Appeal. The right of appeal is […]

764 P.2d 462 BOEING MILITARY AIRPLANE COMPANY and AETNA CASUALTY SURETY, Respondents/Appellees, v. ROBERT E. ENLOE, Claimant/Appellee, and KANSAS WORKERS’ COMPENSATION FUND, Appellant. No. 61,583Court of Appeals of Kansas Opinion filed November 18, 1988 Petition for review denied 244 Kan. 736. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Expert Medical Opinion Evidence in the […]

362 P.2d 639 LEE LEWIS, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee. No. 42,335Supreme Court of Kansas Opinion filed June 10, 1961. SYLLABUS BY THE COURT HABEAS CORPUS — Ground Attorney Not Properly Appointed — Writ Denied. The record examined in an appeal in a habeas corpus proceeding wherein petitioner […]

661 P.2d 791 STATE OF KANSAS, Appellant, v. DARREL R. FISHER, Appellee. No. 54,170Supreme Court of Kansas Opinion filed March 26, 1983. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Issue Raised for First Time on Appeal. Ordinarily, this court will not consider an issue raised for the first time on appeal and which […]

532 P.2d 1106 DEANNA L. HARDENBURGER, Appellant, v. CHARLES C. HARDENBURGER, JR., Appellee. No. 47,406Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT 1. DIVORCE — Custody of Children — Modification of Custody Order — Continuing Jurisdiction. The trial court has continuing jurisdiction over custody of minor children in a divorce […]

959 P.2d 469 GERALD BOUTWELL, Appellee, v. DOMINO’S PIZZA, Respondent, and KANSAS WORKERS COMPENSATION FUND, Appellant. No. 77,775Court of Appeals of Kansas Opinion filed May 15, 1998 SYLLABUS BY THE COURT 1. WORKERS COMPENSATION —Traumatic Neurosis —Affliction Covered if It Results from Covered Physical Injury. Traumatic neurosis is covered under the Workers Compensation Act if […]

80 P.3d 1184 STATE OF KANSAS, Appellant, v. ERIC SCHNEIDER, Appellee. No. 90,865, No. 90,866.Court of Appeals of Kansas. Opinion filed December 24, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. On a motion to suppress evidence, an appellate court reviews the facts underlying the district court’s suppression decision […]

91 P.3d 1168 In the Matter of BRENDA M. JORDAN, Respondent. No. 91,878.Supreme Court of Kansas. Opinion filed June 25, 2004. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed June 25, 2004. Published censure. Alexander M. Walczak, deputy disciplinary administrator, argued the cause and was […]

221 P.3d 1147 CHERON JOHNSON, Appellant, v. STATE OF KANSAS, Appellee. No. 101,011.Court of Appeals of Kansas. Opinion filed December 11, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Guilty Plea — Motion to Set Aside Plea Based on Ineffective Assistance of Counsel — Defendant’s Burden of Proof. A two-prong test applies to set aside […]

114 P.3d 1000 STATE v. MILLER. No. 93,082.Court of Appeals of Kansas. July 8, 2005. Appeal from Johnson Decision without published opinion. Affirmed.

122 P.3d 420 STATE v. $7,317.00 U.S. CURRENCY. No. 93,898.Court of Appeals of Kansas. November 10, 2005. Appeal from Pratt. Decision Without Published Opinion. Vacated and remanded with directions.

353 P.2d 516 STATE OF KANSAS, Appellee, v. L.W. CHANCE, Appellant. No. 41,780Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT HABEAS CORPUS — Coram Nobis — Dismissal of Petition — Jurisdiction. The record in an appeal from a judgment of dismissal of a petition for issuance of writs of habeas […]

906 P.2d 167 MAURICE F. SCHWALM and ANN SCHWALM, Appellants, v. GARY DEANHARDT, Appellee. No. 72,683Court of Appeals of Kansas Opinion filed November 22, 1995 SYLLABUS BY THE COURT 1. REAL PROPERTY — Conveyance of Land — Constructive Notice — Analysis of Constructive Notice Same as That for Common-law Bona Fide Purchasers. The analysis involving […]

182 P.3d 25 In the Matter of the Marriage of BRENDA S. LOSCHER (f/k/a Hudson), Appellee, and WILLIAM B. HUDSON, Appellant. No. 97,035.Court of Appeals of Kansas. Opinion filed April 18, 2008. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Notice of Appeal. K.S.A. 60-2103(b) is analyzed and applied. 2. CIVIL PROCEDURE — Motion to Alter […]

560 P.2d 136 BETTY J. JAREMKO, Appellant, v. WILLIAM F. JONES, et al., Appellees. No. 48,469Supreme Court of Kansas Opinion filed January 22, 1977. MEMORANDUM OPINION INSURANCE — No-fault Insurance — Full Benefits of PIP Benefits — Attorney Fees. Appeal from Wyandotte district court, division No. 1; O.Q. CLAFLIN, judge. Opinion filed January 22, 1977. […]

402 P.2d 300 STATE OF KANSAS, Appellee, v. HARVEY LEE DIGGS, Appellant. No. 44,114Supreme Court of Kansas Opinion filed May 15, 1965. SYLLABUS BY THE COURT 1. MANSLAUGHTER — Killing in a Cruel and Unusual Manner — Instruction on Second Degree Manslaughter Erroneous. In a criminal action the defendant was found guilty of manslaughter in […]

912 P.2d 708 THE MOST WORSHIPFUL GRAND LODGE OF ANCIENT FREE AND ACCEPTED MASONS OF KANSAS AND ITS APPENDANT BODIES IN SHAWNEE COUNTY, KANSAS; SILOAM LODGE NO. 225; GOLDEN RULE LODGE NO. 90; TOPEKA LODGE NO. 17; ORIENT LODGE NO. 51; SEABROOK LODGE NO. 385; AND AUBURN LODGE NO. 32, Plaintiffs, and TOPEKA COUNTRY CLUB […]

529 P.2d 171 ALLIANCE LIFE INSURANCE COMPANY, Appellee, v. ULYSSES VOLUNTEER FIREMAN’S RELIEF ASSN., ALYNE MAJOR, RANDEL MAJOR, TERRY MAJOR and Le ANNA MAJOR, Appellants. No. 47,538Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT 1. DECLARATORY JUDGMENT — Venue. Venue in a declaratory judgment action is governed by the same […]

253 P.3d 339 In the Matter of RUSSELL B. CRANMER, Petitioner. No. 100,822.Supreme Court of Kansas. June 22, 2011. ORDER OF REINSTATEMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Reinstatement. On December 5, 2008, this court suspended the petitioner, Russell B. Cranmer, from the practice of law in Kansas for a period of 6 months. Se […]

799 P.2d 474 In the Matter of PAUL E. PENDERGAST, Respondent. No. 63,412Supreme Court of Kansas October 23, 1990 ORDER ATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Unsupervised Probation. WHEREAS this court, in In re Pendergast, 245 Kan. 312, 776 P.2d 1202 (1989), placed respondent on probation with specific conditions of supervision, and appointed […]

636 P.2d 797 THE OVERLAND PARK SAVINGS AND LOAN ASSOCIATION, Appellee, v. EARL WAYNE BRADEN, BEVERLY SUE BRADEN; CAPITOL FEDERAL SAVINGS AND LOAN ASSOCIATION; DIAL FINANCE COMPANY OF KANSAS CITY; Defendants. KIMBERLING PROPERTIES, INC., Appellant. No. 52,706Court of Appeals of Kansas Opinion filed November 19, 1981 SYLLABUS BY THE COURT 1. JUDGMENTS — Relief from […]

545 P.2d 387 LUTHER WASHINGTON, Appellee, v. LOUIS A. CLAASSEN and ALBERT CHANEY, Appellants. No. 47,790Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. FRAUDS, STATUTE OF — Lost or Destroyed Memorandum — Oral Testimony. When a written memorandum required by the statute of frauds is lost or inadvertently destroyed, […]

581 P.2d 824 PATRICIA J. PATTERSON, Appellant, v. EDWARD DARYL PATTERSON, Appellee. No. 49,433Court of Appeals of Kansas Opinion filed July 21, 1978 SYLLABUS BY THE COURT PARENT AND CHILD — Uniform Reciprocal Support Act — Support Conditioned on Visitation Rights — Jurisdiction of Judge in Responding State. Under the Uniform Reciprocal Enforcement of Support […]

61 P.3d 106 STATE OF KANSAS, Appellee, v. GARRY L. SAMMONS, Appellant. No. 88,534.Court of Appeals of Kansas. Opinion filed January 17, 2003. SYLLABUS OF THE COURT1. CRIMINAL LAW — Sentencing — Restitution. The sentencing court has substantial discretion in determining the method and amount of any required restitution. 2. SAME — Sentencing — Restitution […]

495 P.2d 96 STATE OF KANSAS, Appellee, v. GEORGE L. CREEKMORE, Appellant. No. 46,473Supreme Court of Kansas Opinion filed March 4, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Determining Voluntariness of Statement — Free Choice to Admit or Deny or Refuse to Answer. The essential inquiry in determining the voluntariness of a statement […]

93 P.3d 1226Court of Appeals of Kansas July 23, 2004 Title Docket Appeal Date of Decision Number From Decision O’Quinn v. State 86113 Sedgwick 07/23/2004 Affirmed State v. Jackson 89751 Wyandotte 07/23/2004 Affirmed State v. Rowland 90128 Sedgwick 07/23/2004 Affirmed State v. Carlson 90140 Johnson 07/23/2004 Affirmed State v. Beal 90150 Reno 07/23/2004 Reversed State […]

92 P.3d 604 STATE OF KANSAS, Appellant, v. JERRI HUFF, Appellee. STATE OF KANSAS, Appellant, v. JACK KELLEY, Appellee. Nos. 90,850, 90,854.Supreme Court of Kansas. Opinion filed June 25, 2004. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Jurisdiction of Appellate Court — Appellate Review. Whether appellate jurisdiction exists is a question of law over which […]

673 P.2d 1155 STATE OF KANSAS, Appellee, v. JERRY L. HANDLEY, Appellant. No. 55,457Supreme Court of Kansas Opinion filed December 2, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Admissibility of Items Found in Defendant’s Possession at Time of Arrest. Items found in the possession of a defendant at the time he is taken […]

186 P.3d 826 STATE OF KANSAS, Appellant, v. NICOLE LYNN COTT, Appellee. No. 97,955.Court of Appeals of Kansas. Opinion filed June 27, 2008. SYLLABUS BY THE COURTCRIMINAL LAW — Driving under Influence with Child under 14 in Vehicle and Child Endangerment Statutes Construed. K.S.A. 2005 Supp. 8-1567(h) and K.S.A. 2005 Supp. 21-3608a are construed and […]

386 P.2d 214 THE STATE OF KANSAS, Appellee, v. CARROLL D. MALLETT, Appellant. No. 43,500Supreme Court of Kansas Opinion filed November 2, 1963. SYLLABUS BY THE COURT CRIMINAL LAW — First Degree Robbery — Evidence — Instructions — Motion for New Trial. In an appeal from a conviction of the offense of robbery in the […]

239 P.2d 974 W.A. POWELL, Appellant, v. (John V. Powell and Lillian E. Powell, Defendants) MAX LEON, Appellee. No. 38,493Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT 1. PLEADING — Petition — Construction on Demurrer After Motion Definite and Certain. The general rule that where a pleading is motioned in […]

18 P.3d 241 ROBERT J. BRAUN, Appellant, v. SIMON ROTH, JR., LELYN J. BRAUN, and DONALD E. SHULTZ, Appellees. No. 85,070Court of Appeals of Kansas Opinion filed: January 5, 2001. Petition for review denied 271 Kan. 1035 (2001). SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTIONS — Torts — Two-year Statute of Limitations. An action […]

366 P.2d 285 FLOYD E. FORD and DORTHA A. FORD, his wife, Appellees, v. RAMEY SEWELL and JULIA R. SEWELL, his wife, Appellants. No. 42,360Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Failure to Appeal from Order Overruling Motion for New Trial — Extent of […]

393 P.2d 1015 THE STATE OF KANSAS, Appellee, v. CLAIR EMERSON IRISH, Appellant. No. 43,935Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT CRIMINAL LAW — Conviction and Sentence — Application for Parole — Acquiescence in Judgment — Review Precluded. The defendant was convicted of manslaughter in the first degree. His […]

824 P.2d 948 LINN VALLEY LAKES PROPERTY OWNERS ASSOCIATION, A Kansas Corporation, Appellant, v. WILBUR N. BROCKWAY and LOIS I. BROCKWAY, Appellees. No. 66,154Supreme Court of Kansas Opinion filed January 17, 1992. SYLLABUS BY THE COURT REAL PROPERTY — Restrictive Covenant — Enforcement — Constitutionality. Under the facts of this case, enforcement of a restrictive […]

840 P.2d 515 In the Matter of ROBERT C. JOHNSON, Respondent. No. 67,771Supreme Court of Kansas Opinion filed October 30, 1992. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Original proceeding in discipline. Opinion filed October 30, 1992. Public censure. Paula B. Martin, deputy disciplinary administrator, argued the cause, and […]

70 P.3d 695 DAVID P. STOLTE, Appellant, v. WILLIAM L. CUMMINGS, J. SHELTON, J. HRABE, and J. BRAUN, Appellees. No. 89,229.Court of Appeals of Kansas. Opinion filed June 13, 2003. SYLLABUS BY THE COURT1. HABEAS CORPUS — Allegations Required of Petitioner to Avoid Summary Dismissal. In order to avoid summary dismissal of a K.S.A. 2002 […]

363 P.2d 397 THE STATE OF KANSAS, ex rel., WILLIAM M. FERGUSON, Attorney General, Appellant, v. THE UNITED ROYALTY COMPANY, a Common Law Trust, Appellee. No. 41,685Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT QUO WARRANTO — Company Determined to Be Operating as Foreign Corporations — Requirements Imposed. In an […]

67 P.3d 168 DOYCE BATES, Appellant, v. STATE OF KANSAS, DEPARTMENT OF CORRECTIONS, Appellee. No. 88,757.Court of Appeals of Kansas. Opinion filed April 25, 2003. SYLLABUS BY THE COURTTORTS — Claim against State by Inmate for Injuries Suffered While Incarcerated — Exhaustion of Administrative Remedies. K.S.A. 75-52,138; K.S.A. 42-920; K.A.R. 44-15-101a(d)(2); and K.A.R. 44-16-104(b) are […]

178 P.3d 66 KAIL M. KATZENMEIER and REBECCA J. KATZENMEIER, Appellants, v. LYSLE R. OPPENLANDER, Appellee. No. 98,025.Court of Appeals of Kansas. Opinion filed March 14, 2008. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgement — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, […]