Category: Kansas Court Opinions

407 P.2d 497 PAUL J. CRISS, Appellee, v. FOLGER DRILLING COMPANY, INC. and MID-CONTINENT CASUALTY COMPANY, Appellants. No. 44,314Supreme Court of Kansas Opinion filed November 6, 1965. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Action to Recover Entire Award — Subrogation — Duty to Notify Insurance Company. The record in an action to recover the […]

885 P.2d 1270 WILLA B. TUCKER, Plaintiff, v. RIO OPTICAL CORPORATION, et al., Defendants. (Thomas DeCoursey and Pieter A. Brower, Appellants, and J.R. Russell and John H. Fields, Appellees.) No. 71,127Court of Appeals of Kansas Opinion filed December 9, 1994 SYLLABUS BY THE COURT ATTORNEY FEES — Withdrawal of Attorney from Case — Settlement Obtained […]

612 P.2d 595 R.D. ANDERSEN CONSTRUCTION CO., INC., Appellant, v. CITY OF TOPEKA, KANSAS, a Municipal Corporation, Appellee, and TOPEKA BUILDING AND CONSTRUCTION TRADES COUNCIL, Intervenor-Appellee. No. 51,245Supreme Court of Kansas Opinion filed June 14, 1980. SYLLABUS BY THE COURT 1. LABOR — Wages on Public Projects. K.S.A. 44-201 sets a floor below which wages […]

204 P.3d 659 SHEA MOLL, Appellee, v. STATE OF KANSAS, Appellant. No. 99,028.Court of Appeals of Kansas. Opinion filed April 10, 2009. SYLLABUS BY THE COURT1. HABEAS CORPUS — K.S.A. 60-1507 Proceeding — Relief Granted to Movant — State’s Appeal. A district court’s order granting relief to a movant under K.S.A. 60-1507 is a final […]

409 P.2d 786 DUONE H. HANNA, Appellant, v. CRA, INC., Appellee. No. 44,292Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Determining Work a Part of Principal’s Trade or Business — Tests Stated. This court has established two rather definite tests by which to determine whether the […]

499 P.2d 1074 SUSAN CHINN, A Minor, Appellant, v. JANA LINDSAY, A Minor, Appellee. No. 46,424Supreme Court of Kansas Opinion filed July 19, 1972. MEMORANDUM OPINION AUTOMOBILES — Guest Statute — Sociability as Dominant Element. Appeal from Johnson district court, division No. 1; HERBERT W. WALTON, judge. Opinion filed July 19, 1972. Affirmed. James D. […]

286 P.2d 160 TEXAS CONSTRUCTION COMPANY, Appellee, v. HOISTING AND PORTABLE ENGINEERS’ LOCAL UNION No. 101, Affiliated with The International Union of Operating Engineers, A.F. of L., an unincorporated Labor Organization or association; JESS HARDY, individually and as Business Agent of said labor organization; and all other members, agents and representatives of said labor organization […]

378 P.2d 39 STATE OF KANSAS, Appellee, v. HOWARD B. ROBERTSON, Appellant. No. 43,130Supreme Court of Kansas Opinion filed January 26, 1963. SYLLABUS BY THE COURT 1. CORAM NOBIS — Writ of Error Coram Nobis — Use of Writ. Although the common law writ of error coram nobis has not been specifically abolished in this […]

340 P.2d 891 OWEN BAUGH, MITCH BAUGH, JOE BLASCO, HOMER ADAMS, LEO FISHER, VERNON E. HOLMES, JOHN LAUDAN, TOM McDONALD, ROBERT MITTS, GEORGE MOORE, ED PRITCHETT, JOHN REES, WILLIAM REES, H.R. RICHARDS, GARLAND SCROGGIN, R.F. SEARL, HARRY SISSON, ROBERT A. SMITH, EDDIE SPRINGER, ROSCOE STATON, LEM SYLVESTER, GEORGE THOMAS, and WALTER UMPHENOUR, Appellees, v. RURAL […]

256 P.3d 796 STATE OF KANSAS, Appellee, v. JULIE STIEBEN, Appellant. No. 99,446.Supreme Court of Kansas. Opinion filed: July 29, 2011. SYLLABUS BY THE COURT1. JURIES — Question from jury to Trial Court — Court’s Response. When a jury asks the trial court a question relating to the evidence, the trial court must not invade […]

508 P.2d 520 DAVID G. ARST, TRUSTEE FOR WILMOTH CONSTRUCTION, INC., Appellant, v. THE FIRST NATIONAL BANK AND TRUST COMPANY OF SALINA, SALINA, KANSAS, Appellee. No. 46,670Supreme Court of Kansas Opinion filed April 7, 1973. SYLLABUS BY THE COURT 1. BANKRUPTCY — Elements of a Preference — Stated and Discussed. The elements of a preference […]

853 P.2d 1175 BURROWWOOD ASSOCIATES, INC., Appellee, v. SAFELITE GLASS CORPORATION, Appellant. No. 68,276, 68,645Court of Appeals of Kansas Opinion filed June 4, 1993 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Amendment of Petition to Claim Punitive Damages — Trial Court’s Consideration of Motion to Amend. A motion to amend a plaintiff’s petition to […]

46 P.3d 1216 STATE OF KANSAS, Appellee, v. ANDREW T. DICKSON, Appellant. No. 85,586Court of Appeals of Kansas Opinion filed: May 24, 2002. Aff’d in part, rev’d in part 275 Kan. 683, 69 P.3d 549 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Jury Instruction — Court’s Mention of Location of Events Not […]

381 P.2d 510 JOSEPH M. UNDERWOOD, Appellee, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Appellant. No. 43,113Supreme Court of Kansas Opinion filed May 11, 1963. SYLLABUS BY THE COURT RAILROADS — Action Under Safety Appliance Act — Verdict Not Excessive — Limiting Medical Testimony — Instructions — Motion for New Trial. The record in an action to recover […]

284 P.2d 1080 DWIGHT C. DIVER, Plaintiff-Appellee, v. MARY CATHERINE HENDRIX, Defendant-Appellant. No. 39,778Supreme Court of Kansas Opinion filed June 11, 1955. SYLLABUS BY THE COURT WILLS — Nature of Estate Created. One who owned certain described real property died testate, survived by his widow, three daughters and five sons. By his will he gave […]

144 P.3d 1279 AUDIE DRAGON and JOHN HOWARD, for themselves and all others similarly situated, Appellants, v. VANGUARD INDUSTRIES, INC., VANGUARD PIPING SYSTEMS, INC., and VANGUARD PLASTICS, INC., Appellees. No. 94,877.Supreme Court of Kansas. Opinion filed October 27, 2006. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Class Certification — Trial Court Discretion. Trial courts are […]

392 P.2d 888 MELVIN W. REEDER and MAISIE M. REEDER, Appellants, v. THE BOARD OF COUNTY COMMISSIONERS OF ROOKS COUNTY, KANSAS; L.E. HUTCHCRAFT, FRANK ADAMS and HUGH MEADE, each individually; L.E. HUTCHCRAFT, FRANK ADAMS and HUGH MEADE, as the Board of County Commissioners of Rooks County, Kansas; FRANK TYSON, individually; FRANK TYSON, as County Engineer […]

303 P.2d 148 THE STATE OF KANSAS, Appellee, v. WARREN APPLEGATE, Appellant. No. 39,980Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT INDICTMENT AND INFORMATION — Capital Case — Right of Defendant to Certified Copy of Information. When in a capital case the record does not show that a copy of […]

999 P.2d 283 STATE OF KANSAS, APPELLANT, v. ROGER MORRIS, APPELLEE. No. 83,090Court of Appeals of Kansas Opinion filed: March 3, 2000. Petition for review denied 269 Kan. 938 (2000). SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Right to Privacy in One’s Home. The Fourth Amendment to the United States Constitution and Section 15 […]

114 P.3d 190 STATE v. TOLIVER. No. 91,890.Court of Appeals of Kansas. July 1, 2005. Appeal from the Wyandotte. Decision without published opinion. Affirmed.

246 P.2d 313 In the Matter of the Application of RALPH K. FRYE for a Writ of Habeas Corpus. CLARK E. TUCKER, Petitioner, v. ELLSWORTH EDWARDS, Respondent. EDWARD J. MYERS, Petitioner, v. ELLSWORTH EDWARDS, Respondent. FRANCIS W. BLAKE, Petitioner, v. ELLSWORTH EDWARDS, Respondent. Nos. 38,851, 38,854, 38,855, 38,856Supreme Court of Kansas Opinion filed July 9, […]

88 P.3d 1241 IN THE MATTER OF THE MARRIAGE OF GEORGE M. UNRUH, Appellee, and LEANNA L. UNRUH, Appellant. No. 90,265.Court of Appeals of Kansas. Opinion filed May 7, 2004. SYLLABUS BY THE COURT1. PARENT AND CHILD — Child Support — Interpretation of Child Support Guidelines — Appellate Review. Interpretation of child support guidelines is […]

369 P.2d 241 JEANNETTE H. ENDICOTT, et al., Appellees, v. LOUIS V. DeBARBIERI, et al., Appellants. No. 42,460Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT 1. MINES AND MINERALS — Oil and Gas Lease — Covenants to Drill — Enforcement. Where an oil and gas lease contains certain clear and […]

387 P.2d 154 EDWIN E. KNISLEY, and HAZEL F. KNISLEY, Appellants, v. A.L. WRIGHT, JR., d/b/a W.W. TRAILER SALES, Appellee. No. 43,413Supreme Court of Kansas Opinion filed December 7, 1963. SYLLABUS BY THE COURT 1. AUTOMOBILES — New Car Dealer — Sale of House Trailer — Bill of Sale. Under the provisions of G.S. 1959 […]

184 P.3d 951 STATE OF KANSAS, Appellee, v. MARK L. PRITCHARD Appellant. No. 97,165.Court of Appeals of Kansas. Opinion filed May 30, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Motion to Suppress Challenging Affidavit for Search Warrant — Deference to Magistrate Who Issued Warrant — Appellate Review. If a motion […]

541 P.2d 698 STATE OF KANSAS, Appellee, v. SHELIA L. HUNTER, Appellant. No. 47,718Supreme Court of Kansas Opinion filed July 17, 1975. Appeal from Sedgwick district court, division No. 7; TOM RAUM, judge. Opinion filed July 17, 1975. Michael R. Elson, of Wichita, argued the cause, and was on the brief for the appellant. Clifford […]

498 P.2d 92 STATE OF KANSAS, Appellee, v. LLOYD DEAN HILL, Appellant. No. 46,629Supreme Court of Kansas Opinion filed June 10, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Counsel May Waive Lineup Identification — Cellblock Confrontation. Under the facts and circumstances set out in the opinion, counsel appointed by the court to represent […]

100 P.3d 628 STATE v. DANG. No. 91,199.Court of Appeals of Kansas November 19, 2004. Appeal from the Ford. Decision without published opinion. Affirmed.

293 P.2d 1017 LOREN SPARKS, Appellee, v. GUARANTY STATE BANK, TOPEKA, KANSAS, Appellant. No. 39,968Supreme Court of Kansas Opinion filed February 29, 1956. SYLLABUS BY THE COURT FRAUD AND DECEIT — Protested Checks — Representations by Bank Official As to Collection — Sufficiency of Petition. In an action by a payee of two protested checks […]

424 P.2d 483 BURKE McCAFFREY, INC., Appellant, v. THE CITY OF MERRIAM, KANSAS, a Municipal Corporation, Appellee. No. 44,629Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Refusing Plat of Subdivision — No Evidence of Unreasonable Action. In a mandamus proceeding brought to test the reasonableness of the […]

873 P.2d 1365 LARRY L. FURTHMYER, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 70,093Court of Appeals of Kansas Opinion filed May 13, 1994 Rev’d 256 Kan. 825, 888 P.2d 832 (1995). SYLLABUS BY THE COURT 1. MOTOR VEHICLES — Driver’s License Suspension — Issues Not Raised before Hearing Officer May Not Be Basis for […]

654 P.2d 487 IN THE INTEREST OF WALTER SHELTON, a juvenile under 18 years of age. No. 54,263Court of Appeals of Kansas Opinion filed December 2, 1982 SYLLABUS BY THE COURT 1. STATUTES — Construction. Rules pertinent to statutory construction are stated. 2. PARENT AND CHILD — Custody — Best Interests of Child — Parens […]

9 P.3d 565 PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellee/Cross-appellant, v. FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant/Cross-appellee. No. 83,331Court of Appeals of Kansas Opinion filed July 21, 2000. Petition for review denied 270 Kan. 899 (2000). SYLLABUS BY THE COURT INSUARANCE — Automobile Liability Policy — Uninsured Motorist “Other Insurance” Clause Construed to Limit Liability to Excess […]

61 P.3d 86 MED JAMES, INC., Appellant, v. DONALD BARNES, d/b/a ECKBERG INSURANCE AGENCY, Appellee. No. 88,194.Court of Appeals of Kansas. Opinion filed January 10, 2003. SYLLABUS BY THE COURT1. CIVIL PROCEDURE — Authenticating Copies of Official Record — Statutory Requirements. K.S.A. 2001 Supp. 60-465 sets forth the requirements for authenticating copies of an official […]

95 P.3d 124 CITY OF OVERLAND PARK, KANSAS, Appellee, v. MATTHEW ZABEL, Appellant. No. 91,030.Court of Appeals of Kansas Opinion filed August 13, 2004. SYLLABUS BY THE COURT1. POLICE AND SHERIFFS — Jurisdiction of City Police Officer — Statutory Jurisdiction. K.S.A. 2003 Supp. 22-2401a(2) provides: “Law enforcement officers employed by any city may exercise their […]

95 P.3d 1033 STEPHEN H. RAMSEY and CAROLYN M. RAMSEY, v. LEE BUILDERS, INC., and STEVEN C. LEE, Appellees, v. FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellant. No. 90,380.Court of Appeals of Kansas Opinion filed August 20, 2004. SYLLABUS BY THE COURT1. JURISDICTION — Existence of Jurisdiction — Appellate Review. Whether jurisdiction exists is a […]

608 P.2d 1370 THE CAIRO COOPERATIVE EXCHANGE, Appellant, v. THE FIRST NATIONAL BANK OF CUNNINGHAM, Appellee. No. 50,622Court of Appeals of Kansas Opinion filed March 21, 1980 Petition for review granted May 19, 1980. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — When Entered. Summary judgment may be entered if the pleadings, depositions, answers to […]

352 P.2d 939 RONALD R. HUEBERT, Appellee, v. JOHN G. SAPPIO, d/b/a SAPPIO COMPANY, Appellant. No. 41,725Supreme Court of Kansas Opinion filed June 11, 1960. SYLLABUS BY THE COURT CONTRACTS — Heating and Air-conditioning — Improper Installation — Demurrer — Sufficiency of Evidence. In an action to recover damages, claimed to have been sustained by […]

926 P.2d 1325 IN THE MATTER OF J.O. BIGGS, Respondent. Bar Docket No. 04265Supreme Court of Kansas Opinion filed August 8, 1996. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated June 27, 1996, to the Clerk of the Appellate Courts, respondent J.O. Biggs, of Overland Park, an attorney […]

247 P.3d 220 STATE OF KANSAS, Appellee, v. CHARLES RAYMOND CUMMINGS, III, Appellant. No. 103,343.Court of Appeals of Kansas. Opinion filed March 4, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Attorney Fees Assessed to Indigent Defendant for Assistance of Board of Indigents’ Defense Services — Sentencing Court Must Consider Defendant’s Financial Resources and Burden […]

254 P.3d 526 DENNIS W. HALL, Appellant, v. FORD MOTOR CREDIT COMPANY LLC, Appellee. No. 103,370.Supreme Court of Kansas. Opinion filed April 29, 2011. SYLLABUS BY THE COURT1. UNIFORM CONSUMER CREDIT CODE — Enforcement of Default Provisions against Consumer Only in Specific Circumstances. Under the Kansas Uniform Consumer Credit Code, the default provisions of a […]

508 P.2d 959 IVAN E. RHODES, et al., Appellees, v. ROBERT C. HARDER, State Director of Social Welfare, et al., Appellants. No. 46,696Supreme Court of Kansas Opinion filed April 7, 1973. SYLLABUS BY THE COURT 1. DECLARATORY JUDGMENT — Agency Regulation — Venue — County. Where Plaintiffs are Residents — County of Place of Business. […]

448 P.2d 25 IN RE DARRELL DEAN LONG, a Juvenile, Appellant, v. STATE OF KANSAS, Appellee. No. 45,159Supreme Court of Kansas Opinion filed December 7, 1968. SYLLABUS BY THE COURT JUVENILE COURT — Appeal from Waiver of Juvenile Court — Trial De Novo. When an appeal to the district court is taken from a waiver […]

106 P.3d 515 FRANKLIN v. WERHOLTZ. No. 92,309.Court of Appeals of Kansas February 25, 2005. Appeal from the Butler. Decision without published opinion. Affirmed.

5 P.3d 539 In the Matter of the Application of DONALD H. and P. SCHERREN FAIRFIELD for Exemption from Ad Valorem Taxation in Wyandotte County, Kansas. No. 83,162.Court of Appeals of Kansas Opinion filed May 5, 2000. Petition for review denied 269 Kan. 933 (2000). SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Interpretation of […]

122 P.3d 365 MARIA ORTIZ, Appellee, v. JOHN P. BISCANIN, PUBLIC ADMINISTRATOR OF THE ESTATE OF THEODORO HERNANDEZ, DECEASED, Appellee, v. GUARANTY NATIONAL INS. CO., Appellant. No. 91,112.[1] Court of Appeals of Kansas. Opinion filed December 3, 2004. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish […]

640 P.2d 1259 STATE OF KANSAS, Appellee, v. DAVID W. DOUGLAS, Appellant. No. 53,476Supreme Court of Kansas Opinion filed February 27, 1982. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Due Process in Criminal Case — Proof beyond a Reasonable Doubt Required. The Due Process Clause of the Fourteenth Amendment requires that the factfinder rationally […]

935 P.2d 1079 JAMIE D. ROBERTS, Claimant/Appellant, THE J. C. PENNEY COMPANY, Respondent/Appellee, LIBERTY MUTUAL INSURANCE COMPANY, Insurance Carrier/Appellee, and THE KANSAS WORKERS COMPENSATION FUND. No. 76,313.Court of Appeals of Kansas Opinion Filed: April 11, 1997. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Medical Evidence Not Required to Prove Worker’s Disability. Medical evidence is […]

276 P.2d 366 GLENORA L. BRADFORD, Appellee, v. ALVIN MEYERS SMITH and LAVERNE MAY SMITH, Appellants. No. 39,502Supreme Court of Kansas Opinion filed November 13, 1954. SYLLABUS BY THE COURT BOUNDARIES — Streets — Property Lines Determined by plat. Where a plat of a subdivision was filed for record by the owners of the real […]

581 P.2d 372 ANN KLEIBRINK, and BETH ANNE KLEIBRINK, a Minor, by Her Mother and Next Friend, ANN KLEIBRINK, Appellees, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, INC., Appellant. No. 48,818Supreme Court of Kansas Opinion filed July 15, 1978. SYLLABUS BY THE COURT 1. AUTOMOBILES — Personal Injury Action — Expert Witness — Opinion Testimony. In an automobile […]

257 P.3d 780 STATE OF KANSAS, Appellee, v. ADAM L. HAND, Appellant. No. 103,677.Court of Appeals of Kansas. Opinion filed May 6, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Restitution — Determination of Amount, Manner for Payment, and What Costs May Be Assessed. While a trial court acts in its sound discretion in a […]

352 P.2d 10 FRANK J. ABLAH, et al., Appellants, v. RAY H. EYMAN, Appellee. No. 41,793Supreme Court of Kansas Opinion filed May 14, 1960. SYLLABUS BY THE COURT REPLEVIN — Failure to Give Redelivery Bond — Void Order. In a replevin action where plaintiffs’ affidavit and bond were properly filed pursuant to statutory requirements but […]

243 P.2d 236 ANNA EATON, FRANK VEVERKA, LIZZIE BRAY, JOE VEVERKA, ELLA SMITH, MARY STICE, WILLIAM VEVERKA, MABLE McCAULEY, MORRIS VEVERKA, FREDA GEYER, CLARICE FRENCH, FLORENCE CANNING, GOLDIE LOWRY, VERA BRAY COMBS GOULDMAN, ROY LOWRY and CHARLES SMITH, Appellees, v. JOHN DOE, one of the poor of the City of Lhoczke; R.Q. SCOTT, Trustee under […]

634 P.2d 1148 BILLIE DENNIS SIMMON, Appellant, v. EUGENE BOND, et al., Appellees, and DORA BOND, Appellee, v. BILLIE DENNIS SIMMON, et al., Appellant. No. 52,263Court of Appeals of Kansas Opinion filed October 22, 1981 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Judgment on the Pleadings. A motion for judgment on the pleadings will […]

578 P.2d 269 STATE OF KANSAS, Appellee, v. RAYMOND EDWARD McGEE, Appellant. No. 49,411Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Sever Counts — Admission of Evidence of Other Crime — Admission of Defendant’s In-custody Statement. In an appeal from convictions of aggravated kidnapping and […]

601 P.2d 1145 CITY OF JUNCTION CITY, Plaintiff-Appellant, v. VOYNE D. MEVIS, Defendant-Appellee. No. 50,797Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT 1. CITIES AND MUNICIPALITIES — Police Power — Oppressive Legislation. A city cannot enact unreasonable and oppressive legislation under the guise of the police power. 2. SAME — […]

580 P.2d 1326 LOREN L. BALDWIN and ELIZABETH A. BALDWIN, Appellants, v. PRIEM’S PRIDE MOTEL, INC., Appellee. No. 48,810Supreme Court of Kansas Opinion filed July 15, 1978. SYLLABUS BY THE COURT CONSUMER PROTECTION ACT — Applicability of Act to Newly Constructed Home. On an appeal from an order granting summary judgment to the defendant, the […]

369 P.2d 352 JUANITA E. LEWIS, Appellant, v. CHARLES H. WARNOCK, Appellee. No. 42,524Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT AUTOMOBILES — Intersection Collision — Special Findings Inconsistent with General Verdict. The record examined in an appeal in a damage action for personal injuries to plaintiff based on negligence […]

102 P.3d 503 LARKINS v. KANSAS DEPT. OF REVENUE. No. 91,393.Court of Appeals of Kansas December 23, 2004. Appeal from Ellis. Decision Without Published Opinion. Affirmed.

522 P.2d 330 IN THE INTEREST OF JIMM JOHNSON, ALLEN J. JOHNSON, KATHLEEN JOHNSON, THOMAS G. JOHNSON, JEAN JOHNSON and LEWIS M. JOHNSON, Children under eighteen (18) years of age. (STATE OF KANSAS, Appellee, v. RUSSELL JOHNSON and ALICE JOHNSON, Appellants.) No. 47,279Supreme Court of Kansas Opinion filed May 11, 1974. SYLLABUS BY THE COURT […]

532 P.2d 1357 STATE OF KANSAS, Appellee, v. JAMES CROSS, JR., Appellant. No. 47,582Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Evidence of Prior Crime — Inadmissible to Prove Disposition to Commit Crime — Exceptions. Under K.S.A. 60-455 evidence that a person committed a crime on […]

386 P.2d 221 STATE OF KANSAS, Appellee, v. WAYNE D. EARLEY, Appellant. No. 43,496Supreme Court of Kansas Opinion filed November 2, 1963. SYLLABUS BY THE COURT 1. CONTINUANCE — Absent Witness — Failure to File Affidavit. An accused in a criminal case cannot complain of the refusal to grant a continuance, because of an absent […]

549 P.2d 919 STATE OF KANSAS, Appellant, v. JANICE K. BOSWELL and LESTER W. DICKERSON, Appellees. No. 48,011Supreme Court of Kansas Opinion filed May 8, 1976. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Search by Private Citizen — Not Acting as Agent for State. The conduct of a person acting independently and not […]

974 P.2d 578 FRED WASSON, Claimant, v. UNITED DOMINION INDUSTRIES, et al., Appellees, and KANSAS WORKERS COMPENSATION FUND, Appellant. No. 80,539Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Judicial Deference for Agency Ruling — Appellate Review. An agency ruling within its area of expertise is entitled […]

757 P.2d 311 CITY OF ELKHART, Appellant, v. LANNING BOLLACKER, Appellee. No. 61,581Supreme Court of Kansas Opinion filed July 8, 1988. SYLLABUS BY THE COURT CRIMINAL LAW — Speedy Trial — Statutory Right Applicable to Criminal Cases Appealed from Municipal Court to District Court. K.S.A. 22-3402, which provides a statutory right to a speedy trial […]

652 P.2d 697 STATE OF KANSAS, Appellee, v. DAVID T. GREEN, Appellant. No. 54,100Supreme Court of Kansas Opinion filed October 22, 1982. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Gruesome Photographs — Admissibility. Photographs are not rendered inadmissible merely because they are shocking or gruesome if they are relevant and material to the issues […]

165 P.3d 1050 In the Matter of JAN P. HELDER, JR., Respondent. No. 98,843.Supreme Court of Kansas. August 24, 2007. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated August 12, 2007, to the Clerk of the Appellate Courts, respondent Jan P. Helder, Jr., an attorney admitted to the practice […]

573 P.2d 1078 STATE OF KANSAS, ex rel., CURT T. SCHNEIDER, Attorney General, Appellants, v. JERRY HILL d/b/a ECONO DIVORCE SERVICE, INC., Appellee. No. 49,238Supreme Court of Kansas Opinion filed January 21, 1978. MEMORANDUM OPINION ATTORNEYS — Unauthorized Practice of Law — Sale of Divorce Kit by Non-lawyer. Appeal from Shawnee district court, division No. […]

114 P.3d 176 IN THE MATTER OF THE APPLICATION OF K.S.U. FOUNDATION FOR EXEMPTION FROM AD VALOREM TAXATION IN RILEY COUNTY, KANSAS. No. 92,407.Court of Appeals of Kansas. Opinion filed June 24, 2005. SYLLABUS BY THE COURT1. TAXATION — Board of Tax Appeals — Appellate Review of BOTA Decisions. Appellate review of tax decisions by […]

633 P.2d 1178 STATE OF KANSAS, Appellee, v. JAY D. LOTTMAN, Appellant. No. 52,503Court of Appeals of Kansas Opinion filed October 2, 1981 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal from Conviction Prior to Imposition of Sentence — Jurisdiction of Court to Hear Appeal. An order finding a defendant guilty is not an […]

494 P.2d 1228 STATE OF KANSAS, Appellee, v. MIDLAND INSURANCE COMPANY, Defendant-Appellant, and LOUIS JONES, a/k/a WALTER ALLEN, Defendant. No. 46,446Supreme Court of Kansas Opinion filed March 4, 1972. SYLLABUS BY THE COURT 1. BAIL AND RECOGNIZANCE — Purpose of Appearance Bond. The purpose of an appearance bond is not to enrich the public treasury […]

382 P.2d 462 THE STATE OF KANSAS, Appellee, v. FRED E. DEXTER, Appellant. No. 43,329Supreme Court of Kansas Opinion filed June 8, 1963. SYLLABUS BY THE COURT CRIMINAL LAW — Action to Vacate Judgment — Dismissed. Defendant was charged in the district court of Montgomery county with the felonious giving of a worthless check (G.S. […]

634 P.2d 1095 STATE OF KANSAS, Appellee, v. MARK E. JOHNSON and ORLANDO UNDERWOOD, Appellants. No. 52,671Supreme Court of Kansas Opinion filed October 23, 1981. SYLLABUS BY THE COURT CRIMINAL LAW — Aggravated Robbery — Jury Instruction on Simple Robbery — Reasonable Doubt Instruction — Amended Information. In a criminal appeal, the record is examined […]

658 P.2d 1021 STATE OF KANSAS, Appellant, v. GREGORY R. FISHER, JOHN F. GEISLER, STEVEN E. KINDER and JAMES P. RAY, JR., Appellees. No. 54,312 and No. 54,329 (Consolidated)Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT CRIMINAL LAW — Burglary — Hog Pen in This Case Not “Structure” within Statute. […]

854 P.2d 296 STATE OF KANSAS, Appellee, v. CHARLES J. SCHLEIN and ROBERT W. BURGOON, Appellants. Nos. 67,354, 67,355Supreme Court of Kansas Opinion filed June 16, 1993. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. Interpretation of a statute is a question of law, and it is the function of the court […]

102 P.3d 1205 DISSOLUTION OF PARTNERSHIP OF WOMACK AND INGRAM EX REL. INGRAM v. WOMACK. No. 88,017.Court of Appeals of Kansas December 30, 2004. Appeal from the Sedgwick. Decision without published opinion. Affirmed.

712 P.2d 1223 STATE OF KANSAS, Appellant, v. PETER RINGI, a/k/a PETER RING, a/k/a PETER J. PELLIGRINO, Appellee. Nos. 57,810 and 58,271Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Giving a Worthless Check. Under K.S.A. 1984 Supp. 21-3707, it is not necessary for the worthless check […]

252 P.2d 590 THE EMPORIA WHOLESALE COFFEE COMPANY, Appellant, v. WALTER REHRIG and FRANCES JEAN PETERSON, Appellees. No. 38,808Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT 1. TRIAL — Motion Which Attacks — Findings — When Motion Should Be Presented. A motion which attacks findings of fact should be presented […]

356 P.2d 675 STATE OF KANSAS, Appellee, v. LEON C. SMITHERMAN, Appellant. No. 41,902Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT LARCENY — Lessee Operator Converting Oil to His Own Use — Intent — Sufficiency of Charge. Where a lessor executes an oil and gas lease, the terms of which […]

411 P.2d 647 PAUL IRVING McCALL, Appellant, v. THE STATE OF KANSAS, Appellee. No. 44,412Supreme Court of Kansas Opinion filed March 5, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Judgment and Sentence — Sufficiency of Evidence — Plea of Guilty — Competency of Counsel. The record in a proceeding commenced pursuant […]

15 P.3d 857 M. L. M., a Minor Child by and through her next friend, MATT FROGGATTE, Appellee, v. MOFFITTE DUARTE MILLEN, Appellant. No. 84,730Court of Appeals of Kansas Opinion filed December 22, 2000. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Custody — Nonresidential Parent Prevented from Havng Access to Child by Residential […]