351 P.2d 193 COMMON SCHOOL DISTRICT No. 86, Appellee, v. OLATHE CITY SCHOOL DISTRICT No. 16, Appellant. No. 41,773Supreme Court of Kansas Opinion filed April 9, 1960. SYLLABUS BY THE COURT 1. COURTS — Jurisdiction of Supreme Court. Under the Kansas Constitution, article 3, section 3, the supreme court has only such appellate jurisdiction as […]
Category: Kansas Court Opinions
TETER v. CORLEY, 2 Kan. App. 2d 540 (1978)
584 P.2d 651 BEVERLY J. TETER and INSURANCE COMPANY OF NORTH AMERICA, Appellees, v. JERRY L. CORLEY and HERBERT E. CORLEY, Defendants, and RANGER INSURANCE COMPANY, Appellant. No. 49,368Court of Appeals of Kansas Opinion filed September 15, 1978 SYLLABUS BY THE COURT INSURANCE — Automobile Insurance — Coverage of Driver of Temporary Substitute Automobile. In […]
STATE v. ROBINSON, 267 Kan. 734 (1999)
987 P.2d 1052 STATE OF KANSAS, Appellant, v. CHRISTOPHER ROBINSON, Appellee. No. 81,733Supreme Court of Kansas Opinion filed July 9, 1999 SYLLABUS BY THE COURT 1. CRIMIMAL LAW — Preliminary Hearing — Probable Cause — Test. The tests for determining probable cause at a preliminary hearing are discussed and applied. 2. SAME — Reckless Aggravated […]
STATE v. SULLIVAN, 17 Kan. App. 2d 771 (1993)
844 P.2d 741 STATE OF KANSAS, Appellee, v. RICHARD D. SULLIVAN, Appellant. No. 67,100Court of Appeals of Kansas Opinion filed January 8, 1993 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Parole Violation — Resisting Execution of Parole Violation Warrant — Classification of Penalty. Violations of the terms of a conditional parole bring into being […]
MATTHEWS v. TRAVELERS INSURANCE CO., 212 Kan. 292 (1973)
510 P.2d 1315 RUPERT W. MATTHEWS, Appellant, v. THE TRAVELERS INSURANCE COMPANY, Appellee. No. 46,802Supreme Court of Kansas Opinion filed June 9, 1973. SYLLABUS BY THE COURT 1. INSURANCE — Health and Accident Policy — Total Disability. A health and accident insurance policy which relates total disability to the inability of the insured to engage […]
STATE v. DUKE, 263 Kan. 193 (1997)
946 P.2d 1375 STATE OF KANSAS, Appellee, v. SHANE A. DUKE, Appellant. STATE OF KANSAS, Appellee, v. BRENT A. ALFORD, Appellant. Nos. 77,677, 77,787Supreme Court of Kansas Opinion filed October 31, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Post-trial Motion to Correct Allegedly Illegal Sentence — Trial Court Duty to Dismiss if No […]
MEYER v. ROGERS, 173 Kan. 124 (1952)
244 P.2d 1169 MILDRED MEYER, Appellee, v. WINIFRED WARNER ROGERS, FRED F. ROGERS, ELIZABETH DOWDALL HYATT, JOHN KENNETH HYATT, JOHN KENNETH HYATT, JR., ELIZABETH P. HYATT, CLIFTON MOORE WARNER HYATT, ELLA MAY WARNER, MARY FRANCES WARNER CRIST, JOHN WARNER, GERTRUDE WARNER, JOHN WARNER III, CLIFTON M. WARNER, MAUDE B. WARNER, ORLANDO H. PIPER, Trustee for […]
CITY OF DODGE CITY v. REYES, 35 Kan. App. 2d 756 (2006)
133 P.3d 1291 CITY OF DODGE CITY, Appellant, v. HUMBERTO REYES, Appellee. No. 94,806.Court of Appeals of Kansas. Opinion filed May 19, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jurisdiction — Appellate Review. Whether jurisdiction exists is a question of law over which this court’s scope of review is unlimited. 2. APPELLATE PROCEDURE […]
CITY OF TOPEKA v. HARVEY, 188 Kan. 841 (1961)
365 P.2d 1109 THE CITY OF TOPEKA, Appellee, v. DWAYNE HARVEY, Appellant. No. 42,675Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Character and Reputation of Accused. The prosecution in a criminal action cannot introduce evidence of the defendant’s bad character as a circumstance from which to […]
STATE v. LUNA, 28 Kan. App. 2d 148 (2000)
12 P.3d 911 STATE OF KANSAS, Appellee, v. ENRIQUE L. LUNA, Appellant. No. 84,673Court of Appeals of Kansas Opinion filed November 3, 2000. Aff’d in part and vacated in part, 271 Kan. 573, 24 P.3d 125 (2001). SYLLABUS BY THE COURT 1. JUVENILE JUSTICE CODE — Certification of Juvenile to Be Tried as Adult — […]
STATE v. VERGE, 272 Kan. 501 (2001)
34 P.3d 449 STATE OF KANSAS, Appellee, v. ROBERT L. VERGE, Appellant. No. 82,471Supreme Court of Kansas Opinion filed: November 16, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Capital Murder and Other Felonies — Change of Venue — Refusal to Excuse Jurors for Cause — Allegations of Prosecutorial Misconduct in Closing Argument — […]
ROEHRMAN v. D.S. O. RURAL ELECTRIC COOPERATIVE ASS’N., 178 Kan. 52 (1955)
283 P.2d 411 ARNOLD F. ROEHRMAN, Appellee, v. THE D.S. O. RURAL ELECTRIC COOPERATIVE ASSOCIATION, INC., Appellant. No. 39,646Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Action by Employer — Rulings. In an action brought by the employer of an injured workman against a negligent third party […]
SCHMIDTLIEN ELECTRIC, INC. v. GREATHOUSE, 278 Kan. 810 (2005)
104 P.3d 378 SCHMIDTLIEN ELECTRIC, INC., and TRINITY UNIVERSAL INSURANCE CO., Plaintiffs/Appellants, v. PAULA GREATHOUSE, Director, Kansas Division of Workers Compensation, Defendant/Appellee. NORTHMINSTER PRESBYTERIAN CHURCH and BROTHERHOOD MUTUAL INSURANCE CO., Plaintiffs/Appellants, v. PAULA GREATHOUSE, Director, Kansas Division of Workers Compensation, Defendant/Appellee. No. 91,654.Supreme Court of Kansas. Opinion filed January 21, 2005. SYLLABUS BY THE COURT1. […]
IN RE MARRIAGE OF KETTER, 35 Kan. App. 2d xii (2006)
In re Marriage of Ketter. No. 93,993.Court of Appeals of Kansas. May 19, 2006. Appeal from the Rawlins. Unpublished Opinions Reversed; remanded with directions.
CITY OF TOPEKA v. MARTIN, 4 Kan. App. 2d 218 (1979)
604 P.2d 73 CITY OF TOPEKA, KANSAS, Appellee, v. JAMES D. MARTIN, Appellant. No. 50,991Court of Appeals of Kansas Opinion filed December 21, 1979 SYLLABUS BY THE COURT 1. AUTOMOBILES — Driving While Intoxicated — Degree of Intoxication Required for Conviction. While K.S.A. 1978 Supp. 8-1005 does not define a “degree of intoxication,” it is […]
WILLIAMS v. SMITH, 178 Kan. 434 (1955)
289 P.2d 1059 DOROTHY WILLIAMS, Appellee, v. NEAL SMITH, Appellant. No. 39,694Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT 1. PARTNERSHIP — Dissolution and Accounting — Accounting and Settlement Procedure. The rule is that where dissolution of a partnership has been accomplished or a dissolution and accounting is sought, all […]
STATE v. BALLARD, 36 Kan. App. 2d xviii (2006)
State v. Ballard. No. 92,292.Court of Appeals of Kansas. July 28, 2006. Appeal from the Reno. Unpublished Opinions Affirmed in part; dismissed in part.
IN RE RICE., 280 Kan. 982 (2005)
In re Marriage of Rice. No. 91,620.Supreme Court of Kansas. November 1, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied. Page 983
CITIES SERVICE OIL CO. v. STATE CORPORATION COMMISSION, 205 Kan. 655 (1970)
472 P.2d 257 CITIES SERVICE OIL COMPANY, Appellant, v. THE STATE CORPORATION COMMISSION OF KANSAS, (Dale E. Saffels, Chairman; Jules V. Doty and James O. Greenleaf, as members of said Commission and their Respective Successors in Office), Appellee, and ASHLAND OIL REFINING COMPANY; COLORADO INTERSTATE GAS COMPANY; SINCLAIR OIL GAS COMPANY; PANHANDLE EASTERN PIPE LINE […]
STATE v. EDWARDS, 279 Kan. ix (2005)
State v. Edwards. No. 92,565.Supreme Court of Kansas. February 18, 2005. Appeal from the Finney. Unpublished Opinions Affirmed.
STATE v. LEWIS, 238 Kan. 94 (1985)
708 P.2d 196 STATE OF KANSAS, Appellee, v. WILLIAM M. LEWIS and RANDY L. RAKESTRAW, Appellants. No. 57,242Supreme Court of Kansas Opinion filed October 25, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Mistrial Based on Prejudicial Conduct at Trial. When an event of prejudicial misconduct, the damaging effect of which cannot be removed […]
STATE v. WILLIAMS, 250 Kan. 730 (1992)
829 P.2d 892 STATE OF KANSAS, Appellant, v. KENNETH R. WILLIAMS, Appellee. No. 66,749Supreme Court of Kansas Opinion filed April 10, 1992. SYLLABUS BY THE COURT 1. STATUTES — Specific Statute Controls over General Statute. A special statute prevails over a general statute unless it appears that the legislature intended to make the general act […]
IN RE LEWIS, 265 Kan. 766 (1998)
962 P.2d 534 In the Matter of MICHAEL L. LEWIS, Respondent. No. 80,883Supreme Court of Kansas Opinion filed July 10, 1998 ORIGINAL PROCEEDING IN DISCIPLINE APPEAL AND ERROR — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed July 10, 1998. Indefinite suspension. Frank D. Diehl, deputy disciplinary administrator, argued the cause and […]
DECISIONS WITHOUT PUBLISHED OPINIONS (Kan.App. 11-9-2001)
62 P.3d 707Court of Appeals of Kansas November 9, 2001 Title Docket Appeal Date of Decision Number From Decision State v. Banks 86358 Wyandotte 11/09/2001 Affirmed State v. Basquine 84982 Douglas 11/09/2001 Affirmed State v. Bolden 85849 Wyandotte 11/09/2001 Reversed and remanded
McINTYRE v. BOARD OF COUNTY COMM’RS OF DONIPHAN COUNTY, 168 Kan. 115 (1949)
211 P.2d 59 T.W. McINTYRE, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF DONIPHAN COUNTY, KANSAS, Appellee. No. 37,652Supreme Court of Kansas Opinion filed November 12, 1949. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Compensation — Elements of Damage — Most Advantageous Use. Full compensation to the owner of land taken under the right of […]
STATE v. BAKER, 280 Kan. 985 (2006)
State v. Baker. No. 94,819.Supreme Court of Kansas. February 15, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. NAPIER, 276 Kan. 972 (2003)
STATE v. NAPIER. No. 88,432.Supreme Court of Kansas. September 23, 2003. Reported below Unpublished. Petition for review denied.
STATE v. ANDREWS, 187 Kan. 458 (1960)
357 P.2d 739 STATE OF KANSAS, Appellee, v. LOWELL LEE ANDREWS, Appellant. No. 41,984Supreme Court of Kansas Opinion filed December 10, 1960. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecution for First Degree Murder — Responsibility Because of Insanity — Rules Followed. Where defendant in a prosecution for murder in the first degree has […]
STATE v. MANROSE, 92,605 (Kan.App. 7-22-2005)
115 P.3d 794 STATE v. MANROSE. No. 92,605.Court of Appeals of Kansas. July 22, 2005. Appeal from Osage. Decision without published opinion. Affirmed.
HANRAHAN v. HORN, 232 Kan. 531 (1983)
657 P.2d 561 JOHN L. HANRAHAN CAROL J. HANRAHAN, Appellants, v. CHARLES D. HORN and KANSAS ASSOCIATION OF REALTORS, INC., Appellees. No. 54,286Supreme Court of Kansas Opinion filed January 14, 1983. SYLLABUS BY THE COURT LIBEL AND SLANDER — Slandered Party Must Bring Action — Public Figure Discussed — Stipulations by Parties As To Legal […]
STATE v. WIGFALL, 36 Kan. App. 2d xxv (2006)
State v. Wigfall. No. 95,404.Court of Appeals of Kansas. November 22, 2006. Appeal from the Douglas. Unpublished Opinions Appeal dismissed.
FULTON v. STATE, 280 Kan. 982 (2005)
Fulton v. State. No. 91,123.Supreme Court of Kansas. September 22, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
SKELTON v. BRUCE, 93,983 (Kan.App. 12-2-2005)
123 P.3d 212 SKELTON v. BRUCE. No. 93,983.Court of Appeals of Kansas. December 2, 2005. Appeal from Reno. Decision without published opinion. Affirmed.
CITY OF OLATHE v. STOTT, 253 Kan. 687 (1993)
861 P.2d 1287 THE CITY OF OLATHE, KANSAS, Appellee, v. MARVIN E. STOTT, et al., Appellants. No. 68,355Supreme Court of Kansas Opinion filed October 29, 1993. SYLLABUS BY THE COURT 1. REAL PROPERTY — Eminent Domain Proceeding — Fair Market Value — Admissibility of Evidence of Contamination of Property. Underground petroleum contamination necessarily affects the […]
STATE v. JOHNSON, 91,589 (Kan.App. 10-8-2004)
98 P.3d 672 STATE v. JOHNSON. No. 91,589.Court of Appeals of Kansas October 8, 2004. Appeal from the Geary. Decision without published opinion. Reversed and remanded with directions.
CLARK v. CHIPMAN, 212 Kan. 259 (1973)
510 P.2d 1257 THELMA N. CLARK, formerly THELMA N. CHIPMAN, Appellant, v. MARION W. CHIPMAN, Appellee. No. 46,780Supreme Court of Kansas Opinion filed June 9, 1973. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Rule No. 6(d) — Extent of Review. Under Rule No. 6 (d) of the Supreme Court no issue, other than […]
WINTERS v. GNB BATTERY TECHNOLOGIES, 23 Kan. App. 2d 92 (1996)
927 P.2d 512 JAMES R. WINTERS, Appellee, v. GNB BATTERY TECHNOLOGIES, and HOME INSURANCE COMPANY, Appellants, and KANSAS WORKERS COMPENSATION FUND. No. 75,230Court of Appeals of Kansas Opinion filed November 22, 1996. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Review of ALJ Findings or Awards by Workers Compensation Board. Under K.S.A. 1995 Supp. 44-551(b)(1), […]
PHILLIPS v. STATE, 283 Kan. 931 (2007)
Phillips v. State. No. 95,539.Supreme Court of Kansas. March 28, 2007. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
PEOPLES NATURAL GAS v. KANSAS CORPORATION COMM., 7 Kan. App. 2d 519 (1982)
644 P.2d 999 PEOPLES NATURAL GAS DIVISION OF NORTHERN NATURAL GAS COMPANY, Appellee, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS; R.C. LOUX, WILLIAM G. GRAY and JANE T. ROY, as the Constituent Members of the State Corporation Commission, KANSAS POWER LIGHT COMPANY and MBPXL CORPORATION, Appellants. No. 52,870Court of Appeals of Kansas […]
MUNOZ v. STATE, 281 Kan. 1378 (2006)
Munoz v. State. No. 91,884.Supreme Court of Kansas. May 9, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
HOLLENBECK v. HOUSEHOLD BANK, 250 Kan. 747 (1992)
829 P.2d 903 TERRY HOLLENBECK, Special Administrator of the Estate of Robert E. Hollenbeck, Deceased, Appellant, v. HOUSEHOLD BANK, Appellee. No. 66,871Supreme Court of Kansas Opinion filed April 10, 1992. SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction — Intent of Parties — Appellate Review. A cardinal rule in the interpretation of […]
STATE v. CUNNINGHAM, 280 Kan. 986 (2005)
State v. Cunningham. No. 91,816.Supreme Court of Kansas. November 1, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
SHUFFELBERGER v. HOPKINS, 177 Kan. 513 (1955)
280 P.2d 933 ESTHER MAXINE SHUFFELBERGER, Appellee, v. TOMMY HOPKINS, Appellant. No. 39,611Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS BY THE COURT 1. AUTOMOBILES — Defense of Unavoidable Accident and Cross Petition of Negligence — Sufficiency. In an action for damages alleged to have been sustained when a car being driven by […]
MITCHELL v. PETSMART, 41 Kan. App. 2d 523 (2009)
TODD L. MITCHELL, Appellee/Cross-appellant, v. PETSMART, INC., Respondent/Cross-appellee, ROYAL SUN ALLIANCE INSURANCE COMPANY, Appellee/Cross-appellee, and TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA, Appellant/Cross-appellee. No. 99,528.Court of Appeals of Kansas. Opinion filed March 20, 2009. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Secondary Injury Rule — Compensation. Under the secondary injury rule, when a primary injury […]
GESSNER v. PHILLIPS COUNTY COMM’RS., 270 Kan. 78 (2000)
11 P.3d 1131 ELIZABETH GESSNER, DEBORAH DABNEY, and ALICE SMITH, Appellants, v. PHILLIPS COUNTY COMMISSIONERS, PHILLIPS COUNTY EMS DIRECTOR JAYNE CUNNINGHAM, and JANELL D. NOONE, Appellees. Nos. 83,513 83,598 83,599Supreme Court of Kansas Opinion filed October 27, 2000. SYLLABUS BY THE COURT 1. TORTS — Claim against Municipality — Written Notice of Claim Filed with […]
STATE v. COOK, 193 Kan. 541 (1964)
393 P.2d 1017 STATE OF KANSAS, Appellant, v. CLARENCE E. COOK, Appellee. No. 43,942Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT INDICTMENT AND INFORMATION — When Motion to Quash Lies. A motion to quash an information lies only for a defect appearing on the face of the information and cannot […]
STATE v. BARTLETT, 14 Kan. App. 2d 237 (1990)
787 P.2d 1211 STATE OF KANSAS, Appellant, v. JAMES BARTLETT, a/k/a “TUDOR” BARTLETT, Appellee. No. 63,978Court of Appeals of Kansas Opinion filed March 9, 1990 Petition for review denied 246 Kan. 769 (1990). SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Search Warrant — Probable Cause Determination — Appellate Review. In reviewing whether a […]
PRENDIVILLE v. CONTEMPORARY HOMES, INC., 278 Kan. 847 (2004)
PRENDIVILLE v. CONTEMPORARY HOMES, INC. No. 88,395.Supreme Court of Kansas. May 25, 2004. Reported below 32 Kan. App. 2d 435. Petition for review denied.
DAVENPORT PASTURE, LP v. BOARD OF MORRIS COUNTY COMM’RS, 276 Kan. 967 (2003)
DAVENPORT PASTURE, LP v. BOARD OF MORRIS COUNTY COMM’RS. No. 87,768.Supreme Court of Kansas. June 25, 2003. Reported below 31 Kan. App. 2d 217. Petition for review denied.
IN RE ESTATE OF MEYERS, 183 Kan. 664 (1958)
331 P.2d 287 In the Matter of the Estate of Bertha Rath Meyers, Deceased. IDA ELLEN RATH, Executrix of the Estate of Robert M. Rath, Deceased, Claimant, Appellant, v. Estate of Bertha Rath Meyers, L.F. MEYERS, Executor, Appellee. No. 41,088Supreme Court of Kansas Opinion filed November 8, 1958. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS […]
ROCKGATE MANAGEMENT CO. v. CGU INS., INC., 32 Kan. App. 2d 743 (2004)
88 P.3d 798 ROCKGATE MANAGEMENT COMPANY, BRADLEY SAX, and MARRIOTT INTERNATIONAL, INC., Appellants, v. CGU INSURANCE, INC./PG INSURANCE COMPANY OF NEW YORK, Appellees. No. 90,406.Court of Appeals of Kansas. Opinion filed April 30, 2004. SYLLABUS BY THE COURT1. INSURANCE — Policy Construction. Insurance policies must be construed as a whole. Every part must be considered, […]
STATE v. FERRIS, 275 Kan. 966 (2003)
STATE v. FERRIS. No. 87,244.Supreme Court of Kansas March 24, 2003. Reported below Unpublished. Petition for review denied.
IN RE MARRIAGE OF REEDER, 32 Kan. App. 2d xxv (2004)
In re Marriage of Reeder. No. 90,862.Court of Appeals of Kansas. September 3, 2004. Appeal from the Leavenworth. Unpublished Opinions Reversed.
STATE v. SUBLETT, 281 Kan. x (2006)
State v. Sublett. No. 95,047.Supreme Court of Kansas. June 9, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed in part; dismissed in part.
IN RE ESTATE OF ROBINSON, 232 Kan. 752 (1983)
659 P.2d 172 IN THE MATTER OF THE ESTATE OF OWEN R. ROBINSON, DECEASED, SALLY L. ROBINSON, Appellant, v. R. MICHAEL JENNINGS and ANNE IRVING, Appellees. No. 54,244Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Admission of Will — Attorney Fees — Jurisdiction of Trial […]
CHILSON v. CAPITAL BANK OF MIAMI, 237 Kan. 442 (1985)
701 P.2d 903 ELMER D. CHILSON, d/b/a CHILSON MASONRY, and MERCHANTS NATIONAL BANK OF TOPEKA, KANSAS, Plaintiffs/Appellees, v. CAPITAL BANK OF MIAMI, FLORIDA, Defendant/Appellant. No. 56,573Supreme Court of Kansas Opinion filed June 21, 1985. SYLLABUS BY THE COURT 1. BANKS — Payment by Bank on Check With Forged Indorsement. K.S.A. 84-4-401 requires the drawee bank […]
UNIFIED SCHOOL DISTRICT v. STATE BOARD OF EDUCATION, 206 Kan. 229 (1970)
478 P.2d 201 THE UNIFIED SCHOOL DISTRICT No. 335, JACKSON COUNTY, KANSAS, Appellant, v. THE STATE BOARD OF EDUCATION OF KANSAS AND ITS LEGAL PREDECESSOR, MURLE M. HAYDEN, THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION OF KANSAS, et al., Appellees. No. 45,842Supreme Court of Kansas Opinion filed December 12, 1970. SYLLABUS BY THE COURT 1. SCHOOLS […]
BOEING CO. v. KANSAS EMPLOYMENT SECURITY BD. OF REVIEW, 209 Kan. 430 (1972)
496 P.2d 1376 THE BOEING COMPANY, Appellant, v. STATE OF KANSAS EMPLOYMENT SECURITY BOARD OF REVIEW and ERNEST L. WESLEY, Appellees. No. 46,373Supreme Court of Kansas Opinion filed May 6, 1972. SYLLABUS BY THE COURT UNEMPLOYMENT COMPENSATION — Claimant “Laid Off” by Employer — Benefits Charged Against Account and Experience of Employer — No Failure […]
HERMES v. STACKLEY, 10 Kan. App. 2d 342 (1985)
699 P.2d 560 JOHN B. HERMES, Plaintiff, and JOHN BACK, Plaintiff-Appellant, v. FRED STACKLEY, JR., CHESTER DOORNBOS, HARRIET HULL, KENNETH AUTRY and IMA JEAN AUTRY, Appellees. No. 56,324Court of Appeals of Kansas Opinion filed May 2, 1985 SYLLABUS BY THE COURT 1. LIENS — Agister’s Lien — When Foreclosure Proceedings to be Commenced. K.S.A. 58-220 […]
WHITEHEAD v. CITY OF FREDONIA, 9 Kan. App. 2d 90 (1983)
673 P.2d 125 MARVIN D. WHITEHEAD, et ux., et al., Appellee, v. THE CITY OF FREDONIA, a second class city, Appellant. No. 55,034Court of Appeals of Kansas Opinion filed December 22, 1983 Affirmed 235 Kan. 321 (1984). SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Taxes and Assessments — Power of Courts to Grant […]
VANDINE v. VANDINE, 171 Kan. 626 (1951)
237 P.2d 224 OLIVER W. VANDINE, Appellant, v. ROSIE L. VANDINE, Appellee. No. 38,352Supreme Court of Kansas Opinion filed November 10, 1951. SYLLABUS BY THE COURT BILLS AND NOTES — Duress — Sufficiency of Evidence. In an action on a promissory note, in which the defense was duress which induced its execution, the record is […]
STATE v. WHITESELL, 29 Kan. App. 2d 905 (2001)
33 P.3d 865 STATE OF KANSAS, Appellee, v. JON L. WHITESELL, Appellant. No. 85,923Court of Appeals of Kansas Opinion filed: November 2, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Probation — Modification to Term of Probation — Modification Allowed Even When Case Pending Appeal. Within the strictures of K.S.A. 2000 Supp. 21-4611(c)(5), a […]
HALL v. MAYFIELD, 278 Kan. 844 (2004)
HALL v. MAYFIELD. No. 89,084.Supreme Court of Kansas. May 26, 2004. Reported below Unpublished. Petition for review denied.
STATE v. BROOKS, 206 Kan. 418 (1971)
479 P.2d 893 STATE OF KANSAS, Appellant, v. C.D. BROOKS, Appellee. No. 45,853Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecution Pending — Accused Confined — Speedy Trial Governed by Uniform Mandatory Disposition of Detainers Act. Where a prosecution is pending against an accused confined in […]
STATE, EX REL. v. DRAINAGE DIST. No. 3, 168 Kan. 568 (1950)
215 P.2d 161 THE STATE OF KANSAS, ex rel., VERNON A. STROBERG, County Attorney of Harvey County, Plaintiff, v. DRAINAGE DISTRICT No. 3 of McPHERSON COUNTY, Defendant. No. 37,413Supreme Court of Kansas Opinion filed February 28, 1950. SYLLABUS BY THE COURT DRAINS AND DRAINAGE DISTRICTS — Formation — Authority and Function of District Court — […]
HIDALGO v. KANSAS MILLING CO., 176 Kan. 221 (1954)
269 P.2d 1029 ROGELIO RODRIGUEZ HIDALGO, Appellant, v. THE KANSAS MILLING COMPANY, a Corporation, et al., Appellees. No. 39,221Supreme Court of Kansas Opinion filed May 8, 1954. SYLLABUS BY THE COURT LIMITATION OF ACTIONS — Contracts Partly Written and Partly Oral — Limitation Period — Sufficiency of Petition. The record in an action to recover […]
MANION v. STATE, 286 Kan. 1178 (2008)
Manion v. State. No. 97,004.Supreme Court of Kansas. May 28, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
SPRENKEL v. KANSAS DEPT. OF REVENUE, 93,722 (Kan.App. 12-9-2005)
124 P.3d 109 SPRENKEL v. KANSAS DEPT. OF REVENUE. No. 93,722.Court of Appeals of Kansas. December 9, 2005. Appeal from Ellis. Decision without published opinion. Affirmed.
STATE v. MARTINEZ, 35 Kan. App. 2d xviii (2006)
State v. Martinez. No. 93,862.Court of Appeals of Kansas. May 19, 2006. Appeal from the Reno. Unpublished Opinions Affirmed.
SOUTHWEST NAT’L BANK v. SIMPSON SON, INC., 14 Kan. App. 2d 763 (1990)
799 P.2d 512 SOUTHWEST NATIONAL BANK, et al., Appellant, v. SIMPSON AND SON, INC., Appellee. No. 64,605Court of Appeals of Kansas Opinion filed October 12, 1990 Petition for review denied 248 Kan. ___ (January 29, 1991). SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Appeal from Denial of Motion for Summary Judgment — When Permitted. […]
HESSELL v. LATERAL SEWER DISTRICT, 202 Kan. 499 (1969)
449 P.2d 496 CLARENCE W. HESSELL, JR., and CORINE HESSELL, Husband and Wife, Appellees, v. LATERAL SEWER DISTRICT No. T-39, within SHAWNEE and MISSION TOWNSHIPS TURKEY CREEK MAIN SEWER DISTRICT No. 1, JOHNSON COUNTY, KANSAS, and KENNETH HEARD, HERMAN F. HIGGINS and CARL STANDIFORD, AS THE GOVERNING BODY OF SAID DISTRICTS and COUNTY COMMISSIONERS OF […]
CITY OF NORTON v. STEWART, 31 Kan. App. 2d 645 (2003)
70 P.3d 707 CITY OF NORTON, Appellee, v. DUSTIN R. STEWART, Appellant. No. 89,430.Court of Appeals of Kansas. Opinion filed June 13, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Traffic Stop — Lawfulness of Detention of Motorist. A law enforcement officer’s subjective motive or deviation from normal procedure in investigating a traffic violation is […]
STATE v. OVERTON, 277 Kan. 927 (2004)
STATE v. OVERTON. No. 88,897.Supreme Court of Kansas. April 1, 2004. Reported below Unpublished. Petition for review granted.
MEEK v. AMES, 177 Kan. 565 (1955)
280 P.2d 957 MAY REEDER MEEK, WILLIAM HUGHES, MARY EGBERT, BARNARD HUGHES, BERNICE SPRY, DEAN HUGHES, PHILIP HUGHES, CHARLES HUGHES, ELVINA HUGHES, MYRTLE HUGHES, HARRY D. HUGHES, VIRGIL L. HUGHES, FRANK HUGHES, CONNARD HUGHES, BLANCH FRANCKE, HARLEY BENJAMIN VAN CLEAVE, OLIVE LOUISE WOOD, and GRACE W. DONNER, Appellants, v. EARL AMES, Appellee (MARY JANE JEFFRESS, […]
STATE v. HERSHBERGER, 27 Kan. App. 2d 485 (2000)
5 P.3d 1004 STATE OF KANSAS, Appellee, v. BRAD HERSHBERGER, Appellant. No. 82,400.Court of Appeals of Kansas Opinion filed May 5, 2000. Petition for review denied 269 Kan. 937 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Warrantless Arrest — Probable Cause Determination — Timeliness — Effect of Delay. The Fourth Amendment requires a […]
STATE v. JENKINS, 263 Kan. 351 (1997)
950 P.2d 1338 STATE OF KANSAS, Appellee, v. DERYCK JENKINS, Defendant. JOSEPH D. JOHNSON, Respondent in Contempt Proceedings, Appellant. No. 77,549.Supreme Court of Kansas Opinion filed December 12, 1997. SYLLABUS BY THE COURT 1. CONTEMPT — Statutory Authority — Court’s Inherent Power to Control Attorney Who Is Late to or Absent from Scheduled Court Proceeding. […]
SCHAFER v. KANSAS SOYA PRODUCTS CO., 187 Kan. 590 (1961)
358 P.2d 737 FRANCINE MAE SCHAFER, Appellant, v. KANSAS SOYA PRODUCTS COMPANY, INC., Appellee. No. 42,034Supreme Court of Kansas Opinion filed January 21, 1961. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Recovery Under Act — Wrongful Death Action — Statutory or Special Employees — Res Ipsa Loquitur — Motion to Dismiss. A workman was employed […]
STATE v. NORRIS, 280 Kan. 989 (2005)
State v. Norris. No. 92,346.Supreme Court of Kansas. September 22, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
IN RE TAX APPEAL OF LEMONS, 289 Kan. 761 (2009)
In The Matter of THE APPEAL OF LEMONS, STEPHEN AND LORETTA, FROM A FINAL DETERMINATION REGARDING 1994 KANSAS INCOME TAX. No. 98,468.Supreme Court of Kansas. Opinion filed October 9, 2009. SYLLABUS BY THE COURTTAXATION — Tax Refund — Time for Taxpayer to Request Refund — Statutory Tolling Provision Applies to Time to Request Refund and […]
RED DOG SALOON v. SEDGWICK BD. OF COMM’RS, 29 Kan. App. 2d 928 (2001)
33 P.3d 869 RED DOG SALOON, MILLION DOLLAR BABES, GLAMOUR GIRLS, and THE TENDER TRAP, Appellants, v. SEDGWICK COUNTY BOARD OF COMMISSIONERS, SEDGWICK COUNTY, KANSAS; and SHERIFF MIKE HILL, SHERIFF OF SEDGWICK COUNTY, KANSAS, Appellees. No. 85,945Court of Appeals of Kansas Opinion filed: November 9, 2001. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — […]
STATE v. MENDEZ, 275 Kan. 967 (2002)
STATE v. MENDEZ. No. 86,751.Supreme Court of Kansas December 17, 2002. Reported below Unpublished. Petition for review granted.
STATE v. BUTTRAM, 277 Kan. 925 (2004)
STATE v. BUTTRAM. No. 89,154.Supreme Court of Kansas. February 10, 2004. Reported below Unpublished. Petition for review denied.
JOHN v. STATE, 198 Kan. 685 (1967)
426 P.2d 74 ARNOLD FERDINAND JOHN, Appellant, v. STATE OF KANSAS, Appellee. No. 44,816Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Denied. In an appeal from an order denying relief in a proceeding instituted pursuant to K.S.A. 60-1507, the record is examined and it […]
BARKER v. COUNTY OF WYANDOTTE, 188 Kan. 750 (1961)
366 P.2d 291 In the Matter of the Condemnation of Land for Hutton Road — Appeal of ALBERT H. BARKER, Appellant, v. COUNTY OF WYANDOTTE, Appellee. No. 42,350Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT EMINENT DOMAIN — Deposit of Award — Withdrawal — Interest. The record in a condemnation […]
CONCRETE ACCESSORIES CO. v. MOSES, 32 Kan. App. 2d 1120 (2004)
95 P.3d 648 CONCRETE ACCESSORIES CO., INC., a Kansas Corporation, Appellee, v. PAUL Z. MOSES and RUTH E. MOSES, Appellants. No. 90,805.Court of Appeals of Kansas Opinion filed August 13, 2004. SYLLABUS BY THE COURT1. REAL PROPERTY — Option to Purchase Agreement — Waiver of Timely Notice to Exercise Option — Question of Fact — […]
THOMPSON v. MEYERS, 211 Kan. 26 (1973)
505 P.2d 680 L.V. THOMPSON, Appellee, v. KEITH L. MEYERS and FRED W. REUST, Appellants. No. 46,495Supreme Court of Kansas Opinion filed January 20, 1973. SYLLABUS BY THE COURT 1. CONTRACTS — How a Word or Term Used — Intention of Parties. The sense in which a word or term is used in a contract […]
STATE v. BEEM, 36 Kan. App. 2d xviii (2006)
State v. Beem. No. 95,194.Court of Appeals of Kansas. August 18, 2006. Appeal from the Reno. Unpublished Opinions Affirmed.
STATE v. LUNDQUIST, 30 Kan. App. 2d 1148 (2002)
55 P.3d 929 STATE OF KANSAS, Appellee, v. GREGORY ALLAN LUNDQUIST, Appellant. No. 87,251Court of Appeals of Kansas Opinion filed: October 18, 2002. Petition for review denied 275 Kan. 967 (2003). SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Alleged Error in Giving or Failing to Give Instruction — Timely Objection — Clearly […]
STATE v. SMALLING, 93,216 (Kan.App. 8-12-2005)
117 P.3d 151 STATE v. SMALLING. No. 93,216.Court of Appeals of Kansas. August 12, 2005. Appeal from Pratt. Decision without published opinion. Affirmed.
BROWN v. GODFREY, 200 Kan. 568 (1968)
438 P.2d 117 DAVID MICHAEL BROWN, a Minor, by and Through His Mother, Natural Guardian and Next Friend, BETTY L. BROWN, Appellant, v. DORIS O. GODFREY, Appellee. No. 44,936Supreme Court of Kansas Opinion filed March 9, 1968. SYLLABUS BY THE COURT 1. TRIAL — Motion for Directed Verdict — Construction. In ruling on a motion […]
STATE v. THOMPSON, 278 Kan. 851 (2004)
STATE v. THOMPSON. No. 90,676.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
BROOKS v. UNIFIED GOVT. WYANDOTTE CTY., 93,613 (Kan.App. 10-28-2005)
121 P.3d 1003 BROOKS v. UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY. No. 93,613.Court of Appeals of Kansas. October 28, 2005. Appeal from Wyandotte. Decision without published opinion. Affirmed.
STATE v. RUSSELL, 36 Kan. App. 2d 396 (2006)
138 P.3d 1289 STATE OF KANSAS, Appellee, v. RUSTY S. RUSSELL, Appellant. No. 94,757.Court of Appeals of Kansas. Opinion filed August 11, 2006. SYLLABUS BY THE COURT1. JURISDICTION — Court’s Jurisdiction — Appellate Review. Whether jurisdiction exists is a question of law over which an appellate court’s scope of review is unlimited. 2. APPELLATE PROCEDURE […]
STATE v. LAYTON, 87,871 (Kan.App. 3-28-2003)
65 P.3d 551 STATE OF KANSAS, Appellee, v. JOHN DON LAYTON, Appellant. No. 87,871Court of Appeals of Kansas March 28, 2003 SYLLABUS BY THE COURT 1. When the sufficiency of the evidence is challenged, the standard of review is whether, after review of all the evidence, viewed in the light most favorable to the prosecution, […]
RHOTEN v. DICKSON, 290 Kan. 92 (2010)
DANIELLE RHOTEN, AS AN INDIVIDUAL AND AS HEIR-AT-LAW OF XAVIER RHOTEN (DECEASED), Appellant, v. BRUCE DICKSON, IV, DEFENDANT, AND FRANK PASE, AS AN INDIVIDUAL AND AN EMPLOYEE OF TOPEKA, KANSAS, AND THE CITY OF TOPEKA, KANSAS, AS THE PRINCIPAL AND EMPLOYER OF FRANK PASE, Appellees. No. 98,837.Supreme Court of Kansas. Opinion filed January 29, 2010. […]
STATE v. LEWIS, 195 Kan. 389 (1965)
405 P.2d 796 STATE OF KANSAS, Appellee, v. CURTIS EDISON LEWIS, Appellant. No. 43,995Supreme Court of Kansas Opinion filed September 20, 1965. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Evidence of Similar Offenses — Admissibility. In a criminal action the rule against the admissibility of evidence of other similar but independent offenses should always […]
STATE v. SPEARS, 277 Kan. 927 (2004)
STATE v. SPEARS. No. 89,311.Supreme Court of Kansas. February 11, 2004. Reported below Unpublished. Petition for review denied.
IHRIG v. FRONTIER EQUITY EXCH. ASS’N., 35 Kan. App. 2d 123 (2006)
128 P.3d 993 CHARLES IHRIG, GRACE IHRIG, AND CIRCLE BAR RANCH COMPANY, Appellants, v. FRONTIER EQUITY EXCHANGE ASSOCIATION, Appellee. No. 94,192.Court of Appeals of Kansas. Opinion filed February 24, 2006. SYLLABUS BY THE COURT1. CORPORATIONS — Shareholder’s Right to Demand Inspection of Corporate Records for Proper Purpose. K.S.A. 2005 Supp. 17-6510 provides a right of […]
RIPLEY v. HARPER, 181 Kan. 32 (1957)
309 P.2d 412 GEORGE G. RIPLEY, Appellee, v. WILLIAM HARPER, Appellant. No. 40,313Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Trial Errors Not Affecting Substantial Rights — Findings by Jury Supported by Evidence — Review. In the absence of error relating to the admissibility of […]
GRIFFIN v. STATE, 204 Kan. 340 (1969)
461 P.2d 814 DONALD O’NEAL GRIFFIN, Appellant, v. THE STATE OF KANSAS, Appellee. No. 45,709Supreme Court of Kansas Opinion filed December 6, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Evidentiary Hearing and Relief Denied — No Error. In 1965 petitioner, with counsel, entered a plea of guilty to the […]