499 P.2d 1072 In the Matter of the Estate of Minnie Noel, Deceased. FELICIA NOEL BRADY, Appellant, v. JAKE NOEL a/k/a JAKE P. NOEL and MABEL NOONE, Appellees. No. 46,388Supreme Court of Kansas Opinion filed July 19, 1972. MEMORANDUM OPINION WILLS — “Living Immediate Members” Construed. Appeal from Phillips district court; WM. B. RYAN, judge. […]
Category: Kansas Court Opinions
BALDWIN v. U.S.D. NO. 418, 23 Kan. App. 2d 280 (1996)
930 P.2d 18 ALLEN BALDWIN, Appellant, v. BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT NO. 418, McPHERSON, KANSAS, and DEBBIE JANTZ, JIM LADUKE, HARRY HECKETHORN, LARRY SHOTTS, VIRGIL SKIPTON, LINDA TOTMAN, and LOWELL SCHMIDT, Appellees. No. 73,572[1] Court of Appeals of Kansas Opinion filed June 7, 1996 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, […]
STATE v. HAZLEY, 28 Kan. App. 2d 664 (2001)
19 P.3d 800 STATE OF KANSAS, Appellee, v. EMELINE HAZLEY, Appellant. No. 84,538Court of Appeals of Kansas Opinion filed: March 2, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prosecutorial Misconduct — Proseutor’s Comment on Witness’ Crebility. It is error for a prosecutor to state his or her personal opinion on a witness’ credibility. […]
KERN v. MILLER, 216 Kan. 724 (1975)
533 P.2d 1244 ROBERT L. KERN and JUDY E. KERN, d.b.a. THE NON-ESTABLISHMENT, Appellants, v. VERN MILLER; GARY PORTER; JOHN DOE, a/k/a MARCUS PRESTON; and JOE DOE, a/k/a JACK COLLIER, Appellees. No. 47,610Supreme Court of Kansas Opinion filed April 5, 1975. SYLLABUS BY THE COURT 1. TRIAL — When Summary Judgment May Be Granted — […]
STREMEL v. STERLING, 1 Kan. App. 2d 310 (1977)
564 P.2d 559 RICHARD E. STREMEL, Appellant, v. HORACE J. STERLING, Appellee. No. 48,423Court of Appeals of Kansas Opinion filed May 6, 1977 SYLLABUS BY THE COURT 1. TRIAL — Deposition of Absent Witness — Admissibility. A discovery deposition of an absent witness may be admitted into evidence, even though opposing counsel was not present […]
COLLINS v. MEEKER, 198 Kan. 390 (1967)
424 P.2d 488 BILLY E. COLLINS, Appellant, v. BRUCE P. MEEKER, D. CRAMER REED and GEORGE J. MASTIO, Appellees. No. 44,658Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT 1. TRIAL — Summary Judgment — Inherent Power of Court. A trial court has inherent power to dispose of litigation summarily and […]
IN RE S.M., 12 Kan. App. 2d 255 (1987)
738 P.2d 883 IN THE MATTER of S.M. and A.D.M. No. 59,843Court of Appeals of Kansas Opinion filed June 25, 1987 SYLLABUS BY THE COURT PARENT AND CHILD — Severance — Right of Parent to Be Present at Severance Hearing. The right to custody of one’s children being of constitutional gravity, a parent must be […]
BROCK, ADMINISTRATOR v. PEABODY COOPERATIVE EQUITY EXCH, 189 Kan. 364 (1962)
369 P.2d 320 JOSEPH E. BROCK, Administrator of the Estate of Ernest Shank, Deceased, Appellee, v. THE PEABODY COOPERATIVE EQUITY EXCHANGE, a Corporation, Appellant. No. 42,539Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Overruling Motion to Dismiss — Not Final Order. An order overruling a […]
STATE v. SPILLMAN, 280 Kan. 990 (2005)
State v. Spillman. No. 92,590.Supreme Court of Kansas. September 22, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. ANDERSON, 277 Kan. 925 (2004)
STATE v. ANDERSON. No. 89,675.Supreme Court of Kansas. February 10, 2004. Reported below Unpublished. Petition for review denied.
STATE v. SCOTT, 32 Kan. App. 2d xli (2004)
State v. Scott. No. 89,945.Court of Appeals of Kansas. January 16, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
SOSSOMAN v. BOARD OF COUNTY COMM’RS, 230 Kan. 210 (1981)
630 P.2d 1154 JOHN W. SOSSOMAN, et al., Appellants, v. BOARD OF COUNTY COMMISSIONERS, et al., Appellees. No. 52,851Supreme Court of Kansas Opinion filed July 17, 1981. SYLLABUS BY THE COURT 1. COUNTIES — Sewage Treatment Facility — Construction — Connection to Federal Reservoir — Not Special Legislation. The provision in K.S.A. 19-2712 relative to […]
STATE v. JOHNSON, 220 Kan. 720 (1976)
556 P.2d 168 STATE OF KANSAS, Appellee, v. IVESTER JOHNSON, JR., Appellant. No. 48,242Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. HOMICIDE — When Instructions Respecting All Degrees Necessary. In a prosecution for murder, where there is no direct evidence of the manner of the killing, and the evidence […]
WHITE EAGLE OIL CO. v. STATE CORPORATION COMM., 168 Kan. 548 (1950)
214 P.2d 337 WHITE EAGLE OIL COMPANY et al., Appellees, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant. No. 37,841Supreme Court of Kansas Opinion filed January 28, 1950. SYLLABUS BY THE COURT 1. MINES AND MINERALS — Gas Proration — Review of Order of Corporation Commission. In an action to review an […]
KING v. WICHITA SOUTHEAST KS TRANSIT, 32 Kan. App. 2d xxvii (2004)
King v. Wichita Southeast KS Transit. No. 90,413.Court of Appeals of Kansas. April 2, 2004. Appeal from the Workers Comp Bd. Unpublished Opinions Reversed.
STATE v. FRENCH, 26 Kan. App. 2d 24 (1999)
977 P.2d 281 STATE OF KANSAS, Appellee, v. RANDALL L. FRENCH, Appellant. No. 79,605Court of Appeals of Kansas Opinion Filed March 12, 1999. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Departure Sentence — Aggravating Factors — Pattern of Exploitative Conduct Not Substantial, Compelling Reason for Departure. A pattern of exploitative conduct based […]
STATE v. BURRIS, 281 Kan. 1379 (2006)
State v. Burris. No. 92,160.Supreme Court of Kansas. March 28, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
CAPITOL FED’L SAVINGS LOAN ASS’N v. HOHMAN, 235 Kan. 815 (1984)
682 P.2d 1309 CAPITOL FEDERAL SAVINGS LOAN ASSOCIATION, a corporation, Plaintiff, v. LOREN H. HOHMAN, SR., BETTY LOU HOHMAN, et al., Defendants, and DONALD GABLER and LEAH F. GABLER, Cross-Petitioners/Appellees, v. LOREN H. HOHMAN, SR., and BETTY LOU HOHMAN, Appellants. No. 55,420Supreme Court of Kansas Opinion filed July 13, 1984. SYLLABUS BY THE COURT DAMAGES […]
STATE v. McCARTHER, 197 Kan. 279 (1966)
416 P.2d 290 STATE OF KANSAS, Appellee, v. RICHARD LEE McCARTHER, Appellant. No. 44,417Supreme Court of Kansas Opinion filed July 14, 1966. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal as a Matter of Right — Application for Parole Not Acquiescence in Judgment. Pursuant to K.S.A. 62-1701, an appeal to the Supreme Court may […]
STATE v. COOK, 225 Kan. 259 (1979)
589 P.2d 616 STATE OF KANSAS, Appellee, v. JAMES MICHAEL COOK, Appellant. No. 49,966Supreme Court of Kansas Opinion filed January 20, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Endorsement of Witness — Waiver of Required Endorsement. The failure to object to a witness whose name is not endorsed on the information, until the […]
STATE v. HENDERSON, 35 Kan. App. 2d 241 (2006)
129 P.3d 646 STATE OF KANSAS, Appellee, v. ELROY D. HENDERSON, Appellant. No. 92,251.Court of Appeals of Kansas. Opinion filed March 10, 2006. SYLLABUS BY THE COURTCRIMINAL LAW — Child Victim Witness in Sex Crime Case — Admissibility of Witness’ Out-of-Court Statements — Statements Made during Interview of Child by Child Protection Agency — Confrontation […]
GIEBLER v. KANSAS DEPT. OF REVENUE, 92,721 (Kan.App. 11-4-2005)
122 P.3d 42 GIEBLER v. KANSAS DEPT. OF REVENUE. No. 92,721.Court of Appeals of Kansas. November 4, 2005. Appeal from Ellis. Decision without published opinion. Affirmed.
STATE v. ELLIS, 32 Kan. App. 2d xxxiv (2004)
State v. Ellis. No. 89,632.Court of Appeals of Kansas. June 25, 2004. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
KNIGHT v. NEODESHA POLICE DEPT., 5 Kan. App. 2d 472 (1980)
620 P.2d 837 HARLYN P. KNIGHT, Appellant, v. NEODESHA, KANSAS, POLICE DEPARTMENT, et al., Appellees. No. 50,765[*] Court of Appeals of Kansas Opinion filed October 10, 1980 [*] REPORTER’S NOTE: On November 7, 1980, by order of the Kansas Supreme Court pursuant to Rule No. 7.04, this case changed from an unpublished memorandum to a […]
STATE v. LIMON, 32 Kan. App. 2d 369 (2004)
83 P.3d 229 STATE OF KANSAS, Appellee, v. MATTHEW R. LIMON, Appellant. No. 85,898.Court of Appeals of Kansas. Opinion filed January 30, 2004. Petition for review granted 278 Kan. 850 (2004).[1] SYLLABUS BY THE COURT1. CRIMINAL LAW — Sodomy — United States Supreme Court Decision Overturning Texas Sodomy Statute Not Applicable to Kansas Case under […]
JEANES v. BANK OF AMERICA, 40 Kan. App. 2d 281 (2008)
191 P.3d 325 JANET J. JEANES, as Administrator C.T.A. of the ESTATE OF MAXINE J. ANTON, Deceased, Appellant, v. BANK OF AMERICA, N.A.; BANK OF AMERICA CORPORATION; RUDY WRENICK; and SHARON KUNARD, Appellees. No. 97,855.Court of Appeals of Kansas. Opinion filed August 29, 2008. SYLLABUS BY THE COURT1. ATTORNEY AND CLIENT — Legal Malpractice — […]
MOORE v. DOLESE BROTHERS CO., 171 Kan. 575 (1951)
236 P.2d 55 SAMUEL I. MOORE, Appellee, v. DOLESE BROTHERS COMPANY, Appellant. No. 38,477Supreme Court of Kansas Opinion filed October 6, 1951. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Claim for Compensation — Time for Making Claim. In a workmen’s compensation case, in which an award was made to claimant, the record is examined and […]
STATE EX REL. STATE BD. OF HEALING ARTS v. THOMAS, 33 Kan. App. 2d 73 (2004)
97 P.3d 513 STATE OF KANSAS, ex rel. STATE BOARD OF HEALING ARTS, Appellant, v. STEVEN L. THOMAS, Appellee. No. 91,403.Court of Appeals of Kansas. Opinion filed September 17, 2004. Petition for review denied 279 Kan. 1007 (2005). SYLLABUS BY THE COURT1. PUBLIC HEALTH — Kansas Healing Arts Act — Purpose of Act — Licensing […]
STATE v. WOODS, 250 Kan. 109 (1992)
825 P.2d 514 STATE OF KANSAS, Appellee, v. LAMACEY WOODS, Appellant. No. 66,005Supreme Court of Kansas Opinion filed January 17, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Complaint — Amendment Prior to Trial — Trial Court Discretion. Prior to trial, the trial court has discretion to allow an amendment to a complaint, including […]
AGEE v. KANSAS HIGHWAY COMMISSION, 198 Kan. 173 (1967)
422 P.2d 949 CLIFFORD W. AGEE, Appellee, v. KANSAS HIGHWAY COMMISSION MOTOR VEHICLE DEPARTMENT, Appellant. No. 44,623Supreme Court of Kansas Opinion filed January 21, 1967. SYLLABUS BY THE COURT 1. AUTOMOBILES — Kansas Motor Vehicle Safety Responsibility Act — Purpose of Act. The purpose of the Kansas Motor Vehicle Safety Responsibility Act is to provide […]
STATE, EX REL., v. BOARD OF COUNTY COMMISSIONERS, 188 Kan. 318 (1961)
362 P.2d 81 THE STATE OF KANSAS, ex rel. KEATON G. DUCKWORTH, County Attorney of Morton County, Kansas, Plaintiff, v. THE BOARD OF COUNTY COMMISSIONERS OF MORTON COUNTY, KANSAS; Ivan Mills, Chairman; Roscoe Thompson, Commissioner; Jess Davison, Commissioner; and Lyndell Vail, County Clerk, Defendants. No. 42,498Supreme Court of Kansas Opinion filed May 24, 1961. SYLLABUS […]
PUTTER v. BOWMAN, 7 Kan. App. 2d 323 (1982)
641 P.2d 411 Lyle Putter, Deceased, By and through his Administrator, EUGENE PUTTER; EUGENE PUTTER and DOROTHY PUTTER, Husband and Wife, Appellants, v. DALLAS BOWMAN, Appellee. No. 52,723Court of Appeals of Kansas Opinion filed February 25, 1982 Petition for review denied May 21, 1982. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Directed Verdict Motion […]
STATE v. JOHNSON, 286 Kan. 1183 (2008)
State v. Johnson. No. 98,477.Supreme Court of Kansas. July 2, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
MARSHALL v. MARSHALL, 208 Kan. 63 (1971)
490 P.2d 388 NEVA E. MARSHALL, Appellee, v. FERREL MARSHALL, Appellant. No. 46,059Supreme Court of Kansas Opinion filed November 6, 1971. SYLLABUS BY THE COURT 1. DIVORCE — Sufficiency of Corroborating Testimony. Under former K.S.A. 60-1609 (d) corroboration was essential to the granting of a divorce, but such corroboration was not required as to each […]
SHUFELBERGER v. WORDEN, 189 Kan. 379 (1962)
369 P.2d 382 WALTER SHUFELBERGER, Appellee, v. JIM WORDEN, Sometimes Known As W.A. WORDEN, Appellant. No. 42,553Supreme Court of Kansas Opinion filed March 3, 1962. SYLLABUS BY THE COURT 1. NEGLIGENCE — Motion for Directed Verdict — Verdict and Findings — As to Negligence. In an action to recover for personal injuries sustained by plaintiff […]
IN RE C.R., 36 Kan. App. 2d xiv (2006)
In re C.R. No. 95,246.Court of Appeals of Kansas. August 18, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
COMSTOCK v. JOPLIN, 276 Kan. 967 (2003)
COMSTOCK v. JOPLIN. No. 88,418.Supreme Court of Kansas. July 9, 2003. Reported below 31 Kan. App. 2d 410. Petition for review denied.
STATE v. WHITEHURST, 13 Kan. App. 2d 411 (1988)
772 P.2d 1251 STATE OF KANSAS, Appellee, v. JAMES J. WHITEHURST, Appellant. No. 61,899[1] Court of Appeals of Kansas Opinion filed November 10, 1988 Petition for review denied 244 Kan. 740. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated March 22, 1989, […]
STATE v. MILLER, 246 Kan. 445 (1990)
790 P.2d 419 STATE OF KANSAS, Appellant, v. HUGH E. “BO” MILLER, Appellee. No. 63,508Supreme Court of Kansas Opinion filed April 13, 1990. SYLLABUS BY THE COURT JURISDICTION — Criminal Appeal — Sentence Modification Motion — 120-day Time Limit — Effect of Filing of Petition for Certiorari to United States Supreme Court. In cases which […]
EIKMEIER v. EIKMEIER, 174 Kan. 71 (1953)
254 P.2d 236 LEE R. EIKMEIER, Appellee, v. FRED EIKMEIER and MARY A. EIKMEIER, Appellants. No. 38,824Supreme Court of Kansas Opinion filed March 7, 1953. SYLLABUS BY THE COURT 1. WILLS — Contract for Will or Wills — Extrinsic Evidence — Admissibility. Extrinsic evidence is admissible in connection with the instruments themselves to show that […]
IN RE S.A.J., 29 Kan. App. 2d 789 (2001)
31 P.3d 320 IN THE MATTER OF S.A.J. No. 86,008Court of Appeals of Kansas Opinion filed: September 14, 2001. SYLLABUS BY THE COURT 1. JUVENILE JUSTICE CODE — Unnecessary Delay In Hearing Cases. K.S.A. 38-1651 states that all cases filed under the juvenile code shall be heard without unnecessary delay. Continuances may be granted to […]
STATE v. URBAN, 291 Kan. 214 (2010)
239 P.3d 837 STATE OF KANSAS, Appellant, v. KRISTI MARIE URBAN, Appellee. No. 98,856.Supreme Court of Kansas. Opinion filed September 24, 2010. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Legislative Intent — Ambiguous and Unambiguous Statutes Discussed — Appellate Review. Interpretation of a statute raises a question of law over which this court has […]
PETERS v. WEBER, 175 Kan. 838 (1954)
267 P.2d 481 MARIAN F. PETERS (Formerly MARIAN F. WEBER), Appellant, v. EDGAR L. WEBER, Appellee. No. 39,226Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT DIVORCE — Support of Child — Award — Enforcement — Laches — Extent of Liability. In 1941 plaintiff wife was granted a divorce from defendant. […]
HORNBACK v. MISSOURI-KANSAS-TEXAS RLD. CO., 193 Kan. 395 (1964)
395 P.2d 379 PERRY D. HORNBACK, Appellee, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a Corporation, Appellant. No. 43,701Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT 1. NEW TRIAL — Order Granting New Trial — Review. When a trial court sets aside a verdict and grants a new trial generally without specifying any […]
NEA-WICHITA v. U.S.D. No. 259, 225 Kan. 395 (1979)
592 P.2d 80 NATIONAL EDUCATION ASSOCIATION-WICHITA, et al., Appellees, v. THE BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT NO. 259, WICHITA, SEDGWICK COUNTY, KANSAS, Appellant. No. 49,740Supreme Court of Kansas Opinion filed February 24, 1979. SYLLABUS BY THE COURT 1. SCHOOLS — Teachers’ Contracts — Continuing Contract Law Application. K.S.A. 1976 Supp. 72-5437 of the Teachers’ […]
WISHON v. COSSMAN, 268 Kan. 99 (2000)
991 P.2d 415 RAYMOND J. WISHON, Appellee, v. GARY L. COSSMAN, et al., and HELENA CHEMICAL COMPANY, Appellants. RAYMOND J. WISHON, Appellant, v. HELENA CHEMICAL COMPANY and RELIANCE INSURANCE COMPANY, Appellees. Nos. 80,743, 81,341Supreme Court of Kansas Opinion filed: November 5, 1999. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Remedy Against Third-Party Tortfeasor — […]
STATE v. SEDAM, 280 Kan. 990 (2006)
State v. Sedam. No. 92,737.Supreme Court of Kansas. February 15, 2006. Appeal from the 34 Kan. App. 2d 624. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. PIERCE, 246 Kan. 183 (1990)
787 P.2d 1189 STATE OF KANSAS, Appellee v. LOREN K. PIERCE, Appellant. No. 62,584Supreme Court of Kansas Opinion filed March 2, 1990. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Motion to Modify Sentence — Hearing on Motion — Trial Court Discretion. Whether a defendant is entitled to a hearing on a K.S.A. […]
SHAUBELL v. BENNETT, 173 Kan. 774 (1953)
252 P.2d 927 GOLDIE SHAUBELL, Appellant, v. C.C. BENNETT, PEARL BENNETT and ELIZABETH STRICKLAND, Appellees. No. 38,767Supreme Court of Kansas Opinion filed January 24, 1953. SYLLABUS BY THE COURT 1. INNKEEPERS — Liability for Injury to Guest — Duty of Hotel Keeper. It is the duty of a hotel keeper to exercise ordinary and reasonable […]
STATE v. PITTMAN, 199 Kan. 591 (1967)
433 P.2d 550 STATE OF KANSAS, Appellee, v. LEO ARTHUR PITTMAN, Appellant. No. 44,582Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Preliminary Hearing — Plea in Abatement — When Waived. The proper method to attack the sufficiency of a preliminary hearing is by plea […]
STATE v. HASTY, 196 Kan. 5 (1966)
410 P.2d 318 THE STATE OF KANSAS, Appellee, v. OTIS L. HASTY, Appellant. No. 44,131Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Conviction and Sentence — Application for Probation — Acquiescence in Judgment — Review Precluded. When a defendant in a criminal action, following conviction and sentence […]
GOERTZEN v. STATE DEPT. OF SOC. REHABILITATION SERV., 218 Kan. 313 (1975)
543 P.2d 996 ALBERT E. GOERTZEN, Appellant, v. THE STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES OF KANSAS, Appellee. No. 47,793Supreme Court of Kansas Opinion filed December 13, 1975. SYLLABUS BY THE COURT 1. ADMINISTRATIVE BODIES — Power to Adopt Rules and Regulations — Rules Exceeding Authority Void. Rules and regulations adopted by an administrative […]
DEETS v. HAMILTON MANAGEMENT CORP., 2 Kan. App. 2d 452 (1978)
581 P.2d 826 NADINE DEETS, Plaintiff-Appellee and Cross-Appellant, v. HAMILTON MANAGEMENT CORPORATION, Defendant-Appellant and Cross-Appellee, and PEGGY L. DAILEY, Defendant. No. 48,812Court of Appeals of Kansas Opinion filed July 28, 1978 SYLLABUS BY THE COURT 1. CORPORATIONS — Securities — Sale by Registered Agent. Before engaging in the business of selling securities, a person is […]
HARPSTER v. REYNOLDS, 215 Kan. 327 (1974)
524 P.2d 212 CLAUDE HARPSTER, Plaintiff-Appellant, v. HAROLD L. REYNOLDS a/k/a HAROLD L. REINOLDS, Defendant, and BRUENGER TRUCK Co., Garnishee-Defendant Appellee. No. 47,302Supreme Court of Kansas Opinion filed July 17, 1974. SYLLABUS BY THE COURT 1. GARNISHMENT — Creditor Takes Place of Debtor. In garnishment proceedings the creditor takes the place and stands in the […]
STATE v. McKINNEY, 221 Kan. 691 (1977)
561 P.2d 432 STATE OF KANSAS, Appellee, v. WILLIE McKINNEY, a/k/a MARSHALL MEDLOCK, a/k/a RONNIE MEDLOCK, Appellant. No. 48,375Supreme Court of Kansas Opinion filed March 5, 1977. SYLLABUS BY THE COURT CRIMINAL LAW — Failure to Advise of Right to Testify. In an appeal from a trial verdict which found the defendant guilty of three […]
STATE v. BELL, 280 Kan. 358 (2005)
121 P.3d 972 STATE OF KANSAS, Appellee, v. NATHANIEL BELL, Appellant. No. 92,010.Supreme Court of Kansas. Opinion filed October 28, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Confession — Suppression of Confession — Appellate Review — Standard of Review. In reviewing a trial court’s decision regarding the suppression of a confession, an appellate court […]
HARRIN v. BROWN REALTY CO., 226 Kan. 453 (1979)
602 P.2d 79 WILLIAM R. HARRIN et al., Appellees, v. BROWN REALTY COMPANY, INC., Appellant. No. 49,893Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT 1. BROKERS — Real Estate Agent — Commission. The general rule is that a real estate agent or broker is entitled to a commission if (a) […]
J.A. TOBIN CONSTRUCTION CO. v. WILLIAMS, 104,458 (Kan.App. 9-9-2011)
J.A. TOBIN CONSTRUCTION CO., Appellant, v. SHERMAN F. WILLIAMS, III, and, UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KS., Appellees. No. 104,458Court of Appeals of Kansas Opinion filed September 30, 2011. SYLLABUS BY THE COURT 1. The United States Constitution guarantees that a person’s property may not be taken by government without due process. 2. When […]
SCHLATTER v. MO-COMM FUTURES, LTD., 233 Kan. 324 (1983)
662 P.2d 553 RUSSELL W. SCHLATTER and NATHALIE J. SCHLATTER, Appellees, v. MO-COMM FUTURES, LTD., a Missouri Limited Partnership; MO-COMM FUTURES, INC., a Missouri Corporation; GORDON D. MacDONALD; GLEN KIRCHER; JULIUS JOHNMEYER; and MICHAEL S. HARE, Appellants. No. 54,585Supreme Court of Kansas Opinion filed April 29, 1983. SYLLABUS BY THE COURT 1. SECURITIES — Federal […]
THOMPSON v. STATE, 23 Kan. App. 2d 305 (1996)
929 P.2d 803 TOMMY G. THOMPSON, Appellant, v. STATE OF KANSAS, Appellee. No. 75,275Court of Appeals of Kansas Opinion filed December 27, 1996. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Double Jeopardy — Constitutional Protection. The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and § 10 of the Kansas […]
TRUSTEES OF THE UNITED METHODIST CHURCH v. COGSWELL, 205 Kan. 847 (1970)
473 P.2d 1 BOARD OF TRUSTEES OF THE KANSAS EAST CONFERENCE OF THE UNITED METHODIST CHURCH, formerly The Kansas Conference of The Methodist Church, Appellant, v. KENNETH M. COGSWELL, County Clerk of Shawnee County, Kansas; DEAN E. YINGLING, County Treasurer of Shawnee County, Kansas; and JOHN R. HILLER, RICHARD B. HANGER (J.W. TOLIN substituted for […]
STATE v. BRANSON, 286 Kan. 1180 (2008)
State v. Branson. No. 96,422.Supreme Court of Kansas. April 23, 2008. Appeal from the 38 Kan. App. 2d 484. Petition for Review of Decision of the Court of Appeal Denied.
KANSAS GAS ELECTRIC CO. v. WINN, 227 Kan. 101 (1980)
605 P.2d 125 KANSAS GAS AND ELECTRIC COMPANY, Plaintiff-Appellant, v. ALBERT J. WINN, et al., Defendants-Appellees. KANSAS GAS AND ELECTRIC COMPANY, Plaintiff-Appellee, v. ALBERT J. WINN, et al., Defendants-Appellants. No. 50,258Supreme Court of Kansas Opinion filed January 19, 1980. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Condemner Cannot Take Title in Fee Simple without […]
STATE v. TEMPLETON, 36 Kan. App. 2d xxv (2006)
State v. Templeton. No. 94,984.Court of Appeals of Kansas. August 4, 2006. Appeal from the Wyandotte. Unpublished Opinions Affirmed.
STATE v. REIDER, 31 Kan. App. 2d 509 (2003)
67 P.3d 161 STATE OF KANSAS, Appellee, v. MICHAEL L. REIDER, Appellant. No. 88,384.Court of Appeals of Kansas. Opinion filed April 25, 2003. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. An appellate court’s review of the interpretation of a statute is unlimited. The appellate court is not bound by the district court’s […]
NANCE v. HARVEY COUNTY, 23 Kan. App. 2d 899 (1997)
937 P.2d 1245 MICHAEL G. NANCE, Claimant/Appellant, v. HARVEY COUNTY, Respondent/Appellee, and NORTHWESTERN NATIONAL CASUALTY, Insurance Carrier/Appellee. No. 75,703Court of Appeals of Kansas Opinion filed May 2, 1997 SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Worsening of Injury as Result of Normal Aging Process — Natural Consequence of Primary Injury. A worsening of an […]
STATE v. MASON, 223 Kan. 81 (1977)
573 P.2d 578 STATE OF KANSAS, Appellee, v. OWEN CECIL MASON, Appellant. No. 48,661Supreme Court of Kansas Opinion filed November 5, 1977. MEMORANDUM OPINION CRIMINAL LAW — Speedy Trial — Theft. Appeal from Saline district court, division No. 2; RAYMOND E. HAGGART, judge. Opinion filed November 5, 1977. Affirmed. William D. Mize, district public defender, […]
STATE v. SUTTON, 256 Kan. 913 (1995)
889 P.2d 755 STATE OF KANSAS, Appellee, v. FRANKLIN EUGENE SUTTON, Appellant. No. 70,823Supreme Court of Kansas Opinion filed January 27, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Double Jeopardy — Convictions and Sentences for Felony Murder and Underlying Felonies Do Not Constitute Double Jeopardy. A defendant’s convictions and subsequent imposition of consecutive […]
CARRIZALES v. WINSTEADS RESTAURANTS, 32 Kan. App. 2d xix (2004)
Carrizales v. Winsteads Restaurants. No. 90,080.Court of Appeals of Kansas. January 23, 2004. Appeal from the Workers Comp Bd. Unpublished Opinions Affirmed.
STATE v. MITCHELL, 279 Kan. x (2005)
State v. Mitchell. No. 93,161.Supreme Court of Kansas. June 3, 2005. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
CROOMS v. WHITFIELD, 4 Kan. App. 2d 306 (1980)
605 P.2d 592 ERIKKA LYNETTE CROOMS, a Minor, by and through Her Mother and Next Friend, CAROLE CROOMS, Appellee, v. ROBERT L. WHITFIELD, Appellant. No. 50,601Court of Appeals of Kansas Opinion filed February 1, 1980 SYLLABUS BY THE COURT 1. INFANTS — Paternity Suit — Nonstatutory Action Brought by Minor — Attorney Fees and Costs […]
BROWN v. FORD STORAGE MOVING CO., 43 Kan. App. 2d 304 (2010)
CHRISTOPHER BROWN, On Behalf of Himself and All Other Persons Similarly Situated, Appellants, v. FORD STORAGE AND MOVING COMPANY, INC., et al, Appellees. No. 101,915.Court of Appeals of Kansas. Opinion filed February 12, 2010. SYLLABUS BY THE COURT1. CLIVIL PROCEDURE — Motion to Dismiss for Failure to State Claim for Relief — When Motion Treated […]
STATE v. KING, 219 Kan. 508 (1976)
548 P.2d 803 STATE OF KANSAS, Appellee, v. MARLOWE KING, Appellant. No. 47,989Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Sufficiency of Evidence to Sustain Conviction — Extent of Appellate Review. In considering the sufficiency of evidence to sustain a conviction this court looks only […]
POUNCIL v. STATE, 286 Kan. 1179 (2008)
Pouncil v. State. No. 98,276.Supreme Court of Kansas. September 22, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
STATE v. HILL, 247 Kan. 377 (1990)
799 P.2d 997 STATE OF KANSAS, Appellee, v. GARLAND E. HILL III, Appellant. No. 64,141Supreme Court of Kansas Opinion filed October 26, 1990. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Withdrawal of Guilty Plea — When Permitted. The district court may, after sentencing, set aside a judgment of conviction and permit a defendant to […]
STATE v. COE, 223 Kan. 153 (1977)
574 P.2d 929 STATE OF KANSAS, Appellee, v. BOBBY D. COE, JR., Appellant. No. 48,516Supreme Court of Kansas Opinion filed November 22, 1977. SYLLABUS BY THE COURT 1. TRIAL — Defendants Separately Charged — No Right to Be Jointly Tried. When two defendants are separately charged with a crime committed by them together, one defendant […]
STATE v. RAKESTRAW, 255 Kan. 35 (1994)
871 P.2d 1274 STATE OF KANSAS, Appellee, v. DAVID E. RAKESTRAW, Appellant. No. 68,712Supreme Court of Kansas Opinion filed April 15, 1994. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Confrontation Clause — Violation of Defendant’s Constitutional Right When Nontestifying Codefendant’s Extrajudicial Statement Admitted over Defendant’s Objection. A defendant is deprived of his rights under […]
RITCHIE PAVING, INC. v. KANSAS DEPT. OF TRANSPORTATION, 232 Kan. 346 (1982)
654 P.2d 440 RITCHIE PAVING, INC., DIVISION OF RITCHIE CORPORATION, INC., a Kansas corporation; and UTILITY CONTRACTORS, INC., a Kansas corporation, Appellants, v. KANSAS DEPARTMENT OF TRANSPORTATION, Appellee. No. 54,163Supreme Court of Kansas Opinion filed December 3, 1982. SYLLABUS BY THE COURT 1. LABOR — Wages — Computation of “Current Rate of Per Diem Wages.” […]
WENDT v. UNIVERSITY OF KANSAS MEDICAL CENTER, 274 Kan. 966 (2002)
59 P.3d 325 WILLIAM EDGAR WENDT, Appellant, v. UNIVERSITY OF KANSAS MEDICAL CENTER, et al., Appellees. No. 86,523Supreme Court of Kansas Opinion filed: December 6, 2002. SYLLABUS BY THE COURT 1. EVIDENCE — Admissibility — Trial Court discretion — Appellate Review. The standard of review for a trial court’s ruling regarding the admission of evidence, […]
STATE EX REL. KLINE v. BERRY, 35 Kan. App. 2d 896 (2006)
137 P.3d 500 STATE OF KANSAS ex rel. PHILL KLINE, ATTORNEY GENERAL, Appellee, v. RICHARD L. BERRY, D/B/A CLOV LAN FARMS, LLC, Appellant. No. 94,710.Court of Appeals of Kansas. Opinion filed June 23, 2006. SYLLABUS BY THE COURT1. TRIAL — Directed Verdict — District Court’s Ruling on Motion for Directed Verdict — Appellate Review. When […]
STATE, EX REL., v. HALL, 178 Kan. 489 (1955)
289 P.2d 781 THE STATE OF KANSAS, ex rel. LORENE TOMISKA, Appellant, v. J.B. HALL, Appellee. No. 39,815Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT 1. NEW TRIAL — Juryman’s Statement Made to Prosecutor — Admissibility. Statements of a juryman of what took place during the trial of an action, […]
REIFSCHNEIDER v. KANSAS STATE LOTTERY, 266 Kan. 338 (1998)
969 P.2d 875 HAROLD REIFSCHNEIDER and JOYCE REIFSCHNEIDER, FORMERLY KNOWN AS JOYCE ELDRIDGE, Appellants, v. STATE OF KANSAS; THE KANSAS STATE LOTTERY; and GREGORY P. ZIEMAK, EXECUTIVE DIRECTOR OF THE LOTTERY COMMISSION FOR THE STATE OF KANSAS, Appellees. No. 79,979Supreme Court of Kansas Opinion filed December 11, 1998. SYLLABUS BY THE COURT 1. GAMBLING — […]
STATE v. FLESHER, 284 Kan. 948 (2007)
State v. Flesher. No. 94,175.Supreme Court of Kansas. March 16, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
KAW VALLEY STATE BANK TRUST CO. v. RIDDLE, 219 Kan. 550 (1976)
549 P.2d 927 THE KAW VALLEY STATE BANK AND TRUST COMPANY, Appellant, v. JOHN H. RIDDLE d/b/a RIDDLE CONTRACTING COMPANY, and PLANTERS STATE BANK AND TRUST COMPANY, a Banking Corporation, Appellees. No. 47,845Supreme Court of Kansas Opinion filed May 8, 1976. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Judgment Relating Distinct Matters — […]
LAMER v. LAMER, 170 Kan. 579 (1951)
228 P.2d 718 ELIZABETH LAMER, Appellee, v. LLOYD H. LAMER, Appellant. No. 38,087Supreme Court of Kansas Opinion filed March 10, 1951. SYLLABUS BY THE COURT DIVORCE — Demurrer — Allowance of Attorney Fees — Rulings of Trial Court. Examining the record in an action for divorce it is held the court did not err: (1) […]
LEE v. STATE, 187 Kan. 566 (1961)
358 P.2d 765 THOMAS FRANCIS LEE, Appellant, v. THE STATE OF KANSAS, STATE HIGHWAY COMMISSION, MOTOR VEHICLE DEPARTMENT, Appellee. No. 42,013Supreme Court of Kansas Opinion filed January 21, 1961. SYLLABUS BY THE COURT 1. AUTOMOBILES — Licensing of Drivers — Right to Operate a Privilege. It is an elementary rule of law that the right […]
GREENWOOD v. STATE, 280 Kan. 982 (2005)
Greenwood v. State. No. 93,181.Supreme Court of Kansas. December 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
WICHITA CHAMBER OF COMMERCE v. STATE CORPORATION COMM., 179 Kan. 386 (1956)
295 P.2d 670 THE WICHITA CHAMBER OF COMMERCE, Appellee, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, et al., Appellants. No. 40,011Supreme Court of Kansas Opinion filed April 7, 1956. SYLLABUS BY THE COURT APPEAL AND ERROR — Order of Corporation Commission — Demurrer — Motion to Dismiss and Strike — No Review. […]
SHUMAKER v. FARM BUREAU MUT. INS. CO., 14 Kan. App. 2d 155 (1990)
785 P.2d 180 ROGER SHUMAKER, Appellee, v. FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellant. No. 63,585Court of Appeals of Kansas Opinion filed January 12, 1990 Petition for review denied 246 Kan. 769 (1990). SYLLABUS BY THE COURT INSURANCE — Personal Injury Protection — Uninsured Motorist Coverage — Insurer Not Liable for Injuries Received in Off-road […]
STATE v. LONG, 43 Kan. App. 2d 328 (2010)
STATE OF KANSAS, Appellee, v. TRAVIS GUNNER LONG, Appellant. No. 98,736.Court of Appeals of Kansas. Opinion filed February 26, 2010. SYLLABUS BY THE COURT1. STATUTES — Interpretation — Appellate Review. Interpretation of a statute is a question of law over which an appellate court has unlimited review. 2. CONSTITUTIONAL LAW — Criminal Defendant’s Right to […]
WEST ELK UNIFIED SCHOOL DISTRICT v. CITY OF GRENOLA, 211 Kan. 301 (1973)
507 P.2d 335 WEST ELK UNIFIED SCHOOL DISTRICT No. 282, ELK COUNTY, STATE OF KANSAS, Appellant, v. CITY OF GRENOLA, ELK COUNTY, KANSAS, Appellee. No. 46,474Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Classification of Users of Sewer System — Charges — Ordinance Not Discriminatory or Arbitrary. […]
STATE v. PHIFER, 241 Kan. 233 (1987)
737 P.2d 1 STATE OF KANSAS, Appellee, v. ATHEN D. PHIFER, Appellant. No. 58,892Supreme Court of Kansas Opinion filed May 1, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — “Preliminary Hearing” Synonymous with “Preliminary Examination.” The legislature intended K.S.A. 1986 Supp. 60-460(c)(2)’s “preliminary hearing” and K.S.A. 1986 Supp. 22-2902‘s “preliminary examination” to be synonymous. […]
SAMPSON v. SAMPSON, 267 Kan. 175 (1999)
975 P.2d 1211 NATHAN CORNELL SAMPSON, Appellee, v. VERONICA WINDHAM SAMPSON a/k/a VERONICA WIGGINS, Appellant. No. 80,981Supreme Court of Kansas Opinion Filed April 16, 1999. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Abduction — International Child Abduction Treaties Construed and Applied. The Hague Convention on the Civil Aspects of International Child Abduction […]
POOL v. HOLT, 180 Kan. 291 (1956)
303 P.2d 186 WILLIAM L. POOL, et al., Appellees, v. H.C. HOLT, et al., Appellants. No. 40,441Supreme Court of Kansas Opinion filed November 3, 1956. SYLLABUS BY THE COURT SCHOOLS AND SCHOOL DISTRICTS — Action to Enjoin Bond Issue — When Bonds Not Issued — Capacity to Maintain Action — Demurrer. In an action where […]
STATE v. CARPENTER, 211 Kan. 234 (1973)
505 P.2d 753 STATE OF KANSAS, Appellee, v. JAMES CARPENTER, Appellant. No. 46,874Supreme Court of Kansas Opinion filed January 20, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — When Constitutional Error Harmless. Before a federal constitutional error in a criminal action can be held harmless, the court must be able to declare a belief […]
DECISIONS WITHOUT PUBLISHED OPINIONS (Kan.App. 8-9-2002)
52 P.3d 382Court of Appeals of Kansas August 9, 2002 TITLE DOCKET DISPOSITION DATE REPORTED NUMBER BELOW State v. Bailey 86935 Sedgwick 08/09/2002 Affirmed State v. Pearson 87099, Harvey 08/09/2002 Affirmed 87100, 87101 State v. Monarrez 87110 Sedgwick 08/09/2002 Conviction affirmed, sentence vacated, case remanded with directions State v. Owens 87167 Sedgwick 08/09/2002 Affirmed in […]
KIRTDOLL v. CITY OF TOPEKA, 284 Kan. 946 (2007)
Kirtdoll v. City of Topeka. No. 95,946.Supreme Court of Kansas. June 21, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
OVERLAND PARK SAVINGS LOAN ASS’N v. MILLER, 243 Kan. 730 (1988)
763 P.2d 1092 OVERLAND PARK SAVINGS AND LOAN ASSOCIATION, Appellant, v. DAVID K. MILLER, et al., Appellees. No. 61,847Supreme Court of Kansas Opinion filed October 28, 1988. SYLLABUS BY THE COURT 1. CONTRACTS — Guaranty Contract — Defined. A guaranty is a contract between two or more persons, founded upon consideration, by which one person […]
OSTERHAUS v. TOTH, 291 Kan. 759 (2011)
249 P.3d 888 JASON L. OSTERHAUS, Appellant, v. JEAN BETTY TOTH, et al., and JEFFREY S. SCHUNK TOPPROS REAL ESTATE, INC., Appellees. No. 97,847.Supreme Court of Kansas. Opinion filed March 11, 2011. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to […]
CUNNINGHAM v. STATE, 286 Kan. 1177 (2008)
Cunningham v. State. No. 97,687.Supreme Court of Kansas. May 28, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.