Category: Kansas Court Opinions

320 P.2d 1039 W.F. TEMPLE, LUCY TEMPLE, MELVIN TEMPLE, J.L. TEMPLE, MAY LIVINGSTON, KATHRYN L. EMLER, CARRIE MOWREY, GEORGIA G. PATEE, HAROLD GIBSON and SOUTHLAND ROYALTY CO., (Plaintiffs), Appellees, v. CONTINENTAL OIL COMPANY, a Corporation, CITIES SERVICE OIL COMPANY, a Corporation, and SHELL OIL COMPANY, a Corporation, (Defendants), Appellants, and ARGO OIL CORPORATION, (Defendant), Appellee. […]

558 P.2d 1075 STATE OF KANSAS, Appellee, v. SAMUEL KANIVE, Appellant. No. 48,131Supreme Court of Kansas Opinion filed December 11, 1976. SYLLABUS BY THE COURT 1. EVIDENCE — Exception to Hearsay Rule — Confession Must Be Voluntary. To be admissible in evidence, as an exception to the hearsay rule under K.S.A. 60-460 (f), a confession […]

175 P.3d 810 In the ESTATE OF NORMAN B. HJERSTED, Deceased. No. 93,470.Supreme Court of Kansas. Opinion filed February 1, 2008. SYLLABUS BY THE COURT1. REAL PROPERTY — Value — Determination. Generally, the determination of property value is a question of fact. 2. PARTNERSHIPS — Limited Partnerships — Minority Interests — “Minority Discount” and “Marketability […]

949 P.2d 1115 IN THE MATTER OF THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN. CITY OF OVERLAND PARK, KANSAS, A Municipal Corporation, Plaintiff, v. DALE F. JENKINS REVOCABLE TRUST, Appellant, and ALLEN A. NEWELL, Appellee. No. 78,259.Supreme Court of Kansas Opinion filed December 12, 1997. SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — Eminent […]

62 P.3d 707Court of Appeals of Kansas November 16, 2001 Title Docket Appeal Date of Decision Number From Decision State v. Baker 86047 Reno 11/16/2001 Affirmed

226 P.2d 857 CHARLES KALIVODA, Appellee, v. JAMES A. PUGH and STELLA A. PUGH, Appellants. No. 38,132Supreme Court of Kansas Opinion filed January 27, 1951. SYLLABUS BY THE COURT 1. QUIETING TITLE — Sale of Property — Withholding Delivery — Who May Sue. One who has sold real property to another and agreed to give […]

876 P.2d 171 JOHN I. EICHMAN, ADRIAN C. EICHMAN, and MELVIN EICHMAN, Appellees, v. LEAVELL RESOURCES CORP., ENERIC 1990 ARBUCKLE JV, and RUSS LEAVELL, Appellants. No. 70,294Court of Appeals of Kansas Opinion filed June 10, 1994 Petition for review denied 255 Kan. 1001 (1994). SYLLABUS BY THE COURT 1. OIL AND GAS — Lease Held […]

790 P.2d 962 STATE OF KANSAS, Appellee, v. LEE RAY BANKS, Appellant. No. 64,108Court of Appeals of Kansas Opinion filed May 4, 1990 SYLLABUS BY THE COURT CRIMINAL LAW — Aggravated False Impersonation — Elements. It is an essential element of the crime of aggravated false impersonation (K.S.A. 21-3825) that the impersonation be of an […]

5 P.3d 492 STATE OF KANSAS, Appellee, v. JASON EUGENE CHANEY, Appellant. No. 79,003.Supreme Court of Kansas Opinion filed April 21, 2000. SYLLABUS BY THE COURT CRIMINAL LAW — Rape — Intoxicated Victim — Sufficiency of Evidence to Show Victim’s Inability to Consent. In a first impression case involving a conviction for rape under K.S.A. […]

993 P.2d 648 DONIPHAN COUNTY, KANSAS, Appellant, v. HOWARD MILLER d/b/a HOWARD MILLER, LTD. d/b/a SUNFLOWER VILLAGE, LTD., Partnership, Defendant, and ATCHISON HOSPITAL ASSOCIATION, a Corporation, Appellee. No. 80,576Court of Appeals of Kansas Opinion filed December 17, 1999. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Real Party in Interest — Standing to Sue. Standing […]

625 P.2d 466 EQUITY INVESTORS, INC., a corporation, Appellee, Cross-Appellant, v. ACADEMY INSURANCE GROUP, INC., a corporation, Appellant, Cross-Appellee. No. 51,629Supreme Court of Kansas Opinion filed June 26, 1981. OPINION ON MOTION FOR MODIFICATION CONTRACTS — Breach — Damages — Post-judgment Interest. Appeal from Sedgwick district court, division No. 1, WILLIS W. WALL, judge. Opinion […]

940 P.2d 68 PAUL and SUSAN SMITH, Appellants/Cross-Appellees, v. ANN STEPHENS, Appellee/Cross-Appellant. No. 74,314Court of Appeals of Kansas Opinion filed May 30, 1997 SYLLABUS BY THE COURT 1. DAMAGES — Computation of Damages — Burden of Proof. An award of damages should make a party whole, and a plaintiff has the burden to establish a […]

124 P.3d 1083 STATE v. BRUCE. No. 94,061.Court of Appeals of Kansas. December 23, 2005. Appeal from Reno. Decision without published opinion. Affirmed.

929 P.2d 141 STATE OF KANSAS, Appellee, v. OLANDER J. HICKLES III, Appellant. No. 75,020.Supreme Court of Kansas Opinion filed: December 6, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Custodial Interrogation — Suspect’s Right to Remain Silent and Right to Counsel. Statements made by a suspect in custody are not admissible as evidence […]

391 P.2d 152 IDA F. LOVE, Appellant, v. COMMON SCHOOL DISTRICT No. 28, Appellee. No. 43,583Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT 1. EVIDENCE — Recorded Appraisal Not Subject to Cross-Examination — Admissibility. An appraisal of real estate made by a third party not available for cross-examination is not […]

171 P.3d 671 TOBIAS WILKERSON, Appellant, v. STATE OF KANSAS, Appellee. No. 97,286.Court of Appeals of Kansas. Opinion filed December 7, 2007. Affirmed. SYLLABUS BY THE COURT1. HABEAS CORPUS — Time Limitation for K.S.A. 60-1507 Motion Attacking Sentence — Limitation Not Extended by Timely Direct Appeal of Probation Revocation That Challenges Initial Plea, Conviction, or […]

446 P.2d 832 GILBERT ESCO ANGLE, Appellant, v. STATE OF KANSAS, Appellee. No. 45,317Supreme Court of Kansas Opinion filed November 9, 1968. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Evidentiary Hearing — Relief Denied. In a proceeding instituted pursuant to K.S.A. 60-1507, the trial court gave the petitioner an evidentiary […]

701 P.2d 703 STATE OF KANSAS, Appellee, v. JOHN P. GARDNER, Appellant. No. 56,635[1] Court of Appeals of Kansas Opinion filed May 2, 1985 Petition for review denied July 2, 1985. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated June 12, 1985. […]

619 P.2d 1171 CLARENCE M. TRENT and RUTH TRENT, Appellants, v. CITY OF PITTSBURG, KANSAS, Appellee. No. 51,103Court of Appeals of Kansas Opinion filed November 26, 1980 SYLLABUS BY THE COURT ZONING — Residential Property — City Ordinances Prohibiting Certain Rental Practices — Plaintiffs Denied Injunctive Relief. In an action for declaratory judgment brought to […]

851 P.2d 393 In the Matter of WESLEY M. NORWOOD, Respondent. No. 68,840Supreme Court of Kansas April 22, 1993 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. On March 5, 1993, respondent Wesley M. Norwood, attorney registration No. 04960, of Lawrence, Kansas, an attorney admitted to practice law in the State of […]

237 P.3d 24 In the Matter of CHAUNCEY M. DEPEW, Respondent. No. 103,061.Supreme Court of Kansas. Opinion filed: August 6, 2010. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — One-year Suspension. Original proceeding in discipline. Opinion filed August 6, 2010. One-year suspension. Stanton A. Hazlett, Disciplinary Administrator, argued the cause and was on […]

694 P.2d 903 CEDAR VALE CO-OP EXCHANGE, INC., Plaintiff-Appellee, v. ALLEN UTILITIES, INC., Defendant, and UNIVERSAL SURETY COMPANY, Defendant-Appellant. No. 55,887Court of Appeals of Kansas Opinion filed January 31, 1985 Petition for review denied 237 Kan. 886. SYLLABUS BY THE COURT 1. BONDS AND WARRANTS — Contractors’ Bonds — Public Works Projects. In Kansas, contractors’ […]

565 P.2d 264 CHARLES K. CODY, Appellee, v. JAYHAWK PIPELINE CORPORATION, Appellee, HARTFORD ACCIDENT INDEMNITY COMPANY, Appellee, and WORKMEN’S COMPENSATION FUND, for the STATE OF KANSAS, Appellant. No. 48,656Supreme Court of Kansas Opinion filed June 11, 1977. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Apportionment of Award — Evidence Supports Findings. The record is […]

113 P.3d 274 STATE v. McAFEE. No. 92,826.Court of Appeals of Kansas. June 17, 2005. Appeal from Harvey. Decision without published opinion. Affirmed.

32 P.3d 704 IN THE MATTER OF DANIEL H. PHILLIPS, Respondent. No. 76,403Supreme Court of Kansas October 18, 2001. ORDERATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. In In re Phillips, 260 Kan. 909, 925 P.2d 435 (1996), this court placed Daniel H. Phillips on supervised probation for 3 years with specified conditions. This […]

124 P.3d 109 STATE v. SWONGER. No. 91,509.Court of Appeals of Kansas. December 9, 2005. Appeal from Saline. Decision without published opinion. Affirmed.

211 P.2d 52 BEN H. HALL and BELLE M. HALL, Appellees, v. TOM WARD and MRS. TOM WARD, Appellants. No. 37,684Supreme Court of Kansas Opinion filed November 12, 1949. SYLLABUS BY THE COURT 1. FORCIBLE ENTRY AND DETAINER — Appeal to District Court — Trial de Novo. Where defendants in a forcible detainer action file […]

781 P.2d 678 STATE OF KANSAS, Appellee/Cross-appellant, v. WILLARD GREEN, Appellant/Cross-appellee. No. 61,627Supreme Court of Kansas Opinion filed October 27, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — First-degree Murder — “Viable Fetus” Not within Definition of “Human Being” in Murder Statute. A viable fetus is not a human being as that term is […]

510 P.2d 138 PEARL CRAIG, Widow and Dependent of Clement Edward Craig, Appellee, v. ELECTROLUX CORPORATION and RELIANCE INSURANCE COMPANY, Appellants. No. 46,739Supreme Court of Kansas Opinion filed May 12, 1973. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Phrases Arising “Out of” and “in the Course of” Discussed. The two phrases, arising “out of” […]

1 P.3d 333 STATE OF KANSAS, Appellee, v. J. SCOTT STUBER, Appellant. No. 80,074Court of Appeals of Kansas Opinion filed: March 10, 2000. Petition for review denied 269 Kan. 940 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defendant’s Waiver of Right to Jury Trial — Voluntariness of Waiver. A defendant’s waiver of his […]

596 P.2d 148 MARY JOHNSON, Natural Mother, and MARVIN GILKESON, Natural Father, of Rex A. Gilkeson, Deceased, Appellees, v. WEST K. McARTHUR and LONG-McARTHUR FORD, INC., A Corporation, Appellants. No. 50,374Supreme Court of Kansas Opinion filed June 9, 1979. SYLLABUS BY THE COURT 1. WRONGFUL DEATH ACT — Single Death Creates Single Cause of Action. […]

960 P.2d 252 EDWARD BEZONA, Appellant, v. M. MORAN TOMSON, Appellee. No. 78,221Court of Appeals of Kansas Opinion filed June 5, 1998 SYLLABUS BY THE COURT 1. TORTS —Malicious Prosecution —Elements of Proof. The following elements are required to establish a malicious prosecution claim: (1) The defendant initiated, continued, or procured the proceeding of which […]

460 P.2d 442 IN THE INTEREST OF WILLIAM McKINLEY STEPHENSON and LEROY HUDSON, Boys Under 18 Years of Age, Appellants, v. STATE OF KANSAS, Appellee. No. 45,412Supreme Court of Kansas Opinion filed November 8, 1969. SYLLABUS BY THE COURT JUVENILE COURT — Relinquishing Jurisdiction — Evidence to Support Certification. In proceedings on appeal to the […]

259 P.3d 744 STATE OF KANSAS, Appellee, v. ERIC W. HAMILTON, Appellant. No. 104,623.Court of Appeals of Kansas. Opinion filed July 1, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Driving under Influence — Certification of Breathalyzer Machine — Sufficiency of Foundation for Operator’s Testimony. Testimony which establishes that the operator of a breathalyzer machine […]

860 P.2d 51 In the Matter of the Application of JACQUELINE RAE COULTER for a Writ of Habeas Corpus. No. 68,798Court of Appeals of Kansas Opinion filed September 24, 1993 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Nolo Contendere Plea. Although a plea of nolo contendere, unlike a plea of guilty, may not be […]

605 P.2d 587 IRENE MIOTK, Appellant, v. VERNON F. RUDY, Appellee. No. 51,097Court of Appeals of Kansas Opinion filed January 18, 1980 Petition for review denied March 7, 1980. SYLLABUS BY THE COURT 1. NEGOTIATION AND SETTLEMENT — Claim Settled without Consent of Client — Motion to Set Aside Judgment. Where a case is dismissed […]

636 P.2d 195 RENETTA S. WITT, et al., Appellees, v. ALBERTA DEINES SHEFFER, et al., Appellants. No. 52,608Court of Appeals of Kansas Opinion filed November 19, 1981 SYLLABUS BY THE COURT 1. REAL PROPERTY — Partition. Partition proceedings contemplated an absolute severance of the individual interests of each joint owner and after partition each has […]

712 P.2d 1243 STATE OF KANSAS, Appellee, v. MICHAEL R. WAUGH, Appellant. No. 57,979Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confession of Accused — Voluntariness. Under the Fourteenth Amendment due process voluntariness test, a case-by-case evaluation approach is employed to determine whether coercion was impermissibly […]

843 P.2d 218 STATE OF KANSAS, Appellee, v. KENNETH L. FRIBERG, Appellant. No. 66,995Supreme Court of Kansas Opinion filed December 11, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Diminished Capacity — Admissibility of Evidence to Negate Specific Intent. Evidence of diminished capacity is admissible for the limited purpose of negating specific intent. Aggravated […]

772 P.2d 768 STATE OF KANSAS, Appellee, v. LUTHER C. WASHINGTON, Appellant. No. 62,063Supreme Court of Kansas Opinion filed April 14, 1989. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged, the standard of review on appeal is whether the evidence, viewed […]

122 P.3d 838 WIMS v. GOODYEAR TIRE RUBBER CO. No. 93,618.Court of Appeals of Kansas. November 18, 2005. Appeal from Workers Compensation Board. Decision without published opinion. Affirmed.

545 P.2d 344 PRISCILLA BECHARD, Appellant, v. CONCRETE MIX CONSTRUCTION INC., and THE CITY OF GREAT BEND, KANSAS, a Municipal Corporation, Appellees, and SANDRA L. MEYER, Appellant, v. CONCRETE MIX CONSTRUCTION INC., and THE CITY OF GREAT BEND, KANSAS, a Municipal Corporation, Appellees. No. 47,804Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY […]

925 P.2d 435 In the Matter of DANIEL H. PHILLIPS, Respondent. No. 76,403Supreme Court of Kansas Opinion filed October 25, 1996. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — 3-year Supervised Probation. Original proceeding in discipline. Opinion filed October 25, 1996. Three-year supervised probation. Stanton A. Hazlett, chief deputy disciplinary administrator, argued […]

785 P.2d 1003 EUGENE C. HERRMANN and CHARLES E. OURSLER, Appellants, v. BOARD OF COUNTY COMMISSIONERS OF BUTLER COUNTY, KANSAS, Appellees, and STATE OF KANSAS, ex rel. Robert T. Stephan, Intervenor-Appellee. No. 64,181Supreme Court of Kansas Opinion filed January 19, 1990. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Intervention — Right to Intervene. The […]

981 P.2d 1172 ROBERT A. SOKOL, Appellant, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellee. No. 81,978Supreme Court of Kansas Opinion filed July 9, 1999 SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Judicial Review of Agency Action — Exclusive Means of Review Established by Kansas Act for Judicial Review and Civil Enforcement of […]

128 P.3d 413 STATE OF KANSAS, RUSSELL COUNTY SHERIFF’S DEPARTMENT, Appellee, v. $6,618.00 U.S. CURRENCY; 1993 FORD FLARE SIDE 4 × 4, VIN #1FTEX14H4PKB71758, and 1998 CHEVY TAHOE, VIN #1GNEK13R2WJ378198, Appellants. No. 93,650.Court of Appeals of Kansas. Opinion filed February 17, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Forfeiture of Property Seized during a […]

405 P.2d 423 DOCTOR JOHN J. FOOTE, Appellee, v. THE COMMUNITY HOSPITAL OF BELOIT, KANSAS, a Corporation; and some twenty-five individuals, named as defendants as being the Board of Directors of the Community Hospital, Beloit, Kansas, Appellants. No. 44,133Supreme Court of Kansas Opinion filed August 9, 1965. SYLLABUS BY THE COURT 1. HOSPITALS — Board […]

258 P.2d 313 THE PLAINS STATE BANK, a Corporation, Appellant, v. V.M. ELLIS, Appellee. No. 38,971Supreme Court of Kansas Opinion filed June 6, 1953. SYLLABUS BY THE COURT 1. BILLS AND NOTES — Liability of Person Whose Signature Does Not Appear. By reason of the provisions of the negotiable instruments law of this state (G.S. […]

654 P.2d 485 HILDEGARD PRICE and LENARD PRICE, Appellants, v. TRINITY UNIVERSAL INSURANCE COMPANY, Appellee. No. 54,070Court of Appeals of Kansas Opinion filed December 2, 1982 Petition for review denied 232 Kan. 876 (1983). SYLLABUS BY THE COURT 1. INSURANCE — Insurable Interest. Generally, a person has an insurable interest in property whenever he would […]

147 P.3d 859 LAURA SMITH, Appellant, v. BECKY GRAHAM, D.O., Appellee. No. 94,120.Supreme Court of Kansas. Opinion filed December 8, 2006. SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTIONS — Interpretation and Application of Statute of Limitations — Conclusions of Law — Appellate Review. The interpretation and application of a statute of limitations is a […]

986 P.2d 358 STATE OF KANSAS, Appellee, v. LEVI LOVE, JR., Appellant. No. 80,764Supreme Court of Kansas Opinion Filed July 9, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Eyewitness Identification — Admissibility of Evidence — Two-step Text.In a criminal trial, a two-step approach is used to decide whether an eyewitness identification should be […]

794 P.2d 322 NEWELL BARKER, Appellant, v. JAY C. BOYER, ELDEN E. AMBROSIER, et al., Appellees. No. 64,344Court of Appeals of Kansas Opinion filed June 22, 1990 SYLLABUS BY THE COURT 1. OIL AND GAS — Overriding Royalty. “Overriding royalty” is a term used to describe a royalty carved out of the working interest created […]

535 P.2d 450 GORDON HOLT, Appellee, v. FRITO-LAY, INC., Appellant. No. 47,590Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. JURIES — Stipulation as to Number. Under the provisions of K.S.A. 1971 Supp. 60-248 (a) only by stipulation may the parties provide for a lesser number than a twelve member […]

708 P.2d 963 STATE OF KANSAS, Appellee, v. WILLIAM H. MASON, Appellant. No. 57,515Supreme Court of Kansas Opinion filed October 25, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Polygraph Evidence — Admissibility. In the absence of a stipulation between the parties, the results of a polygraph examination are not admissible in evidence. 2. […]

365 P.2d 1087 BEN TEAGUE, Appellee, v. HENRY GEORGE, d/b/a GEORGE-NIELSEN MOTOR COMPANY, Appellant. No. 42,549Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Action to Recover Lump Sum Judgment — Appeal Pending — Effect of Supersedeas Bond. The record in a workmen’s compensation proceeding examined, and it […]

122 P.3d 420 IN RE R.C., JR. No. 94,320.Court of Appeals of Kansas. November 10, 2005. Appeal from Saline. Decision Without Published Opinion. Affirmed.

461 P.2d 744 CLARENCE LAMBERT, HARRY DANNENBERG, WILLIAM M. BARRY and WILLIAM E. LONG, et al., Appellants, v. UNIFIED SCHOOL DISTRICT No. 237, SMITH and OSBORNE COUNTIES, KANSAS, et al., Appellees. No. 45,779Supreme Court of Kansas Opinion filed December 6, 1969. SYLLABUS BY THE COURT 1. SCHOOLS — Bond Election — Publication Notice a Condition […]

547 P.2d 756 AVCO FINANCIAL SERVICES, Appellee, v. AGER H. CALDWELL, and CARRIE CALDWELL, Appellants. No. 47,800Supreme Court of Kansas Opinion filed March 6, 1976. SYLLABUS BY THE COURT 1. COURTS — Docket Fee — Time When Docket Fee Paid — Not Jurisdictional. The time within which a docket fee is paid is secondary to […]

493 P.2d 258 STATE OF KANSAS, Appellee, v. PAUL WILLIAMS, Appellant. No. 46,056Supreme Court of Kansas Opinion filed January 22, 1972. SYLLABUS BY THE COURT 1. ESCAPE — Unauthorized Departure from Dormitory Outside Penitentiary — Constitutes Escape. Where a prisoner is committed to the State Penitentiary under a sentence confining him at hard labor for […]

110 P.3d 1053 STATE v. McCRORY. No. 92,567.Court of Appeals of Kansas. May 6, 2005. Appeal from the Reno. Decision without published opinion. Affirmed.

457 P.2d 44 STATE OF KANSAS, Appellee, v. NORRIS R. FLEURY, Appellant. No. 45,446Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. VENUE — Question of Fact for Jury — How Established. As a general rule venue is a question of fact to be determined by the jury in the […]

811 P.2d 1208 In the Matter of the Estate of MAUDIE MARIE BURCHAM, a/k/a MARIE M. BURCHAM and MARIE TEAGUE BURCHAM, Deceased. No. 65,483Supreme Court of Kansas Opinion filed May 24, 1991. SYLLABUS BY THE COURT 1. WILLS — Joint, Mutual, and Contractual Will — Enforceability upon Survivor. A joint, mutual, and contractual will between […]

788 P.2d 261 STATE OF KANSAS, Appellee, v. JACK LEROY SPEARS, Appellant. No. 63,197Supreme Court of Kansas Opinion filed March 2, 1990. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Robbery — Sufficiency of Information. Language in an information charging property was taken by defendant from the victim by the infliction of great bodily […]

410 P.2d 291 WARREN D. THOMPSON, Appellant, v. R.R. BENNETT, Administrator of the Estate of Lewis Q. Preston, Deceased, and DOROTHY PRESTON SURPRISE, Appellees. No. 44,276Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT ABATEMENT AND REVIVAL — Tort Action — Revivor. The plaintiff commenced a tort action in 1955 against […]

911 P.2d 811 BOB L. McGANN, Appellant, v. DAVID R. McKUNE, WARDEN OF THE LANSING CORRECTIONAL FACILITY; and THE KANSAS PAROLE BOARD, Appellees. No. 72,337[1] Court of Appeals of Kansas Opinion filed September 1, 1995 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order […]

422 P.2d 971 RUTH BOGLE and REX BOGLE, Appellees v. DONALD G. CONWAY and HENRY E. FISHER, Appellants. No. 44,622Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS BY THE COURT AUTOMOBILES — Injury to Passenger — Gross and Wanton Negligence. In an action by the parents of a minor to recover damages for […]

738 P.2d 841 RANDY MORRISS and DEBRA WHITE, Appellants, v. COLEMAN COMPANY, INC., RALPH CALL, and ROBERT SLOAN, Appellees. No. 58,967Supreme Court of Kansas Opinion filed June 12, 1987. SYLLABUS BY THE COURT 1. CONTRACTS — Employment Contract — Intention of Parties as to Whether Contract Based on Implied in Fact Theory. Where it is […]

56 P.3d 797 STATE OF KANSAS, APPELLEE, v. JONATHAN DEWAYNE GARCIA, APPELLANT. No. 87,691Supreme Court of Kansas Opinion filed: October 25, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Presumptive Prison Sentence for Gang-related Crime — Apprendi Restrictions Not Applicable. Apprendi v. New Jersey, 530 U.S. 466, 147 L.Ed.2d 435, 120 S.Ct. […]

421 P.2d 190 NORTHERN NATURAL GAS PRODUCING COMPANY, a Corporation, Appellant, v. WAYNE E. McCOY, DIRECTOR OF REVENUE OF THE STATE OF KANSAS, OR HIS SUCCESSOR IN OFFICE, Appellee. No. 44,569Supreme Court of Kansas Opinion filed December 10, 1966. SYLLABUS BY THE COURT 1. TAXATION — Corporate Gross Income — Method of Allocating. G.S. 1949, […]

830 P.2d 29 BANK IV WICHITA, NATIONAL ASSOCIATION, Appellee, v. MARY PLEIN, et al., Defendants, and WILLIAM JOSEPH PLEIN, Appellant. No. 66,691Supreme Court of Kansas Opinion filed April 10, 1992. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. The fundamental rule of statutory construction is that the intent of the legislature governs. […]

15 P.3d 359 BRADFORD M. JOHNSON, INDIVIDUALLY AND NATURAL GUARDIAN OF CORRINE LOUISE STEPHENSON-JOHNSON, Appellants, v. SHERRY M. STEPHENSON, Appellee. No. 84,868Court of Appeals of Kansas Opinion filed December 8, 2000. Petition for review denied 271 Kan. 1036 (2001). SYLLABUS BY THE COURT 1. PARENT AND CHILD — Custody — Best Interests of Child Determination. […]

686 P.2d 865 WILLIAM G. SCHRAFT, Appellant, v. DAN LEIS, et al., Appellees. No. 55,954Supreme Court of Kansas Opinion filed August 14, 1984. SYLLABUS BY THE COURT 1. CORPORATIONS — Bylaws. The bylaws of a corporation are the rules of law for its government. The term “bylaw” may be further defined according to its function, […]

23 P.3d 176 STATE OF KANSAS, Appellee, v. TRENNIE L. CAMPBELL, Appellant. Nos. 83,255, 83,874Court of Appeals of Kansas Opinion filed: May 11, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecutorial Misconduct — Prosecutor’s Responsibility to obtain Justice. A prosecutor is a servant of the law and a representative of the people of […]

369 P.2d 338 THE HOME INSURANCE COMPANY, INC., Appellee, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, Appellant. No. 42,489Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT SUBROGATION — Recovery for Cattle Killed by Train — Verdict and Findings Supported by Evidence. In a subrogation action by […]