Category: Kansas Court Opinions

935 P.2d 1041 In the Matter of WILLIS BOYD EVANS, JR., Respondent. No. 06885.Supreme Court of Kansas Opinion filed April 17, 1997. ORDER OF DISBARMENT. ATTORNEY AND CLIENT — Disbarment. In a letter dated April 11, 1997, to the Clerk of the Appellate Courts, respondent Willis Boyd Evans, Jr., of Wichita, an attorney admitted to […]

126 P.3d 1132 JOHNSON v. STATE. No. 92,905.Court of Appeals of Kansas. January 27, 2006. Appeal from Sedgwick. Affirmed.

152 P.3d 106 MICHAEL L. THOMPSON, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 92,913.Court of Appeals of Kansas. Opinion filed March 2, 2007. SYLLABUS BY THE COURT1. MOTOR VEHICLES — Mandatory Statutory Notice Provisions before Drug or Alcohol Test Administered. Before a blood, breath, or urine test may be administered, a person must be […]

249 P.2d 934 RICHARD SHEEN, Appellant, v. STATE HIGHWAY COMMISSION, Appellee HAROLD R. GROAT, Appellant, v. STATE HIGHWAY COMMISSION, Appellee BLACK, SIVALLS BRYSON, INC., a Corporation, Appellant, v. STATE HIGHWAY COMMISSION, Appellee. Nos. 38,708, 38,707, 38,714Supreme Court of Kansas Opinion filed November 8, 1952. SYLLABUS BY THE COURT HIGHWAYS — Defects — Conditions Not Within […]

811 P.2d 529 STATE OF KANSAS, Appellee, v. DWIGHT L. ALMOND III, Appellant. No. 65,429Court of Appeals of Kansas Opinion filed May 24, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Pre-arrest Inquiry of Driver of Motor Vehicle during Investigation of Accident — Not Considered Custodial Interrogation Requiring Miranda Warning. Pre-arrest inquiry of a […]

481 P.2d 950 CITY OF BONNER SPRINGS, Appellant, v. JAMES R. COLEMAN et al., Appellees. No. 45,902Supreme Court of Kansas Opinion filed March 6, 1971. SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Gross Income From Business — Admissibility. A naked statement of gross income is too uncertain and depends upon too many speculations and […]

461 P.2d 794 OSCAR GLENN LEE, Appellant, v. STATE OF KANSAS, Appellee. No. 45,739Supreme Court of Kansas Opinion filed December 6, 1969. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Voluntariness of Plea — No Constitutional Rights Violated. The record of an evidentiary hearing, in a proceeding under K.S.A. 60-1507, is […]

490 P.2d 381 EDDIE DAVID COX, Appellant, v. STATE OF KANSAS, Appellee. No. 46,407Supreme Court of Kansas Opinion filed November 6, 1971. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Double Jeopardy — Municipal Ordinance and State Crime — Separate Offenses. A person convicted of a crime under a city ordinance and later convicted of […]

271 P.2d 257 HOWARD C. MYERS, Appellee, v. FLEETWOOD FARMS, INC., Appellant. No. 39,417Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT 1. CONTRACTS — Failure to Read — Signature Obtained by Fraud. A well-recognized exception to the general rule that a party is held to know and to be bound […]

167 P.3d 793 In the Matter of MARK J. SACHSE, Respondent. Bar Docket No. 12956.Supreme Court of Kansas. September, 27, 2007. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated September 17, 2007, to the Clerk of the Appellate Courts, respondent Mark J. Sachse, an attorney admitted to the practice […]

602 P.2d 1292 DEE CLARK and JANE CLARK, Appellants, v. CITY OF OVERLAND PARK, KANSAS, Appellee. No. 49,880Supreme Court of Kansas Opinion filed December 1, 1979. SYLLABUS BY THE COURT TAXATION — City Sales Tax — Challenge to Municipal Ordinance — Denial of Injunctive Relief. In an action for declaratory judgment and injunction brought by […]

912 P.2d 156 STATE OF KANSAS, Appellee v. LAMONTE E. McINTYRE, Appellant No. 73,387Supreme Court of Kansas Opinion filed March 8, 1996 SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Jury Instruction — Giving or Failure to Give Instruction — Contemporaneous Objection Requirement — Clearly Erroneous Standard of Appellate Review. A party may not […]

807 P.2d 171 STATE OF KANSAS, Appellee, v. MARVIN McNETT, Appellant. No. 64,742Court of Appeals of Kansas Opinion filed March 8, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Fine Imposed in Addition to Imprisonment — Findings Required by Sentencing Court. Where a defendant is convicted of a felony or a misdemeanor […]

187 P.3d 594 In the Interest of B.D.-Y., a Child under the Age of 18. No. 99,509.Supreme Court of Kansas. Opinion filed July 18, 2008. SYLLABUS BY THE COURT1. EVIDENCE — “Preponderance of the Evidence” Construed. “Preponderance of the evidence” is evidence which shows that the truth of the facts asserted is more probable than […]

590 P.2d 594 PHYLLIS HORTON, Widow of Wayne Horton, Deceased, Appellant, v. FLEMING COMPANY and TRAVELERS INSURANCE CO., Appellees. No. 49,385Court of Appeals of Kansas Opinion filed February 16, 1979 Petition for review denied 225 Kan. 844. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Setoff for Social Security Benefits Paid — Repeal of Statute […]

106 P.3d 99 ASFOOR v. STATE. No. 92,092.Court of Appeals of Kansas February 18, 2005. Appeal from the Wyandotte. Decision without published opinion. Affirmed.

5 P.3d 531 STATE OF KANSAS, Appellee, v. DAVID D. LEWIS, Appellant. No. 81,171.Court of Appeals of Kansas Opinion filed April 21, 2000. SYLLABUS BY THE COURT 1. EVIDENCE — Character Evidence of Criminal Defendant — Admissibility of Bad Character Evidence — Trial Court Discretion — Appellate Review. The standard of review on the admissibility […]

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 […]

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 […]

903 P.2d 1345 In the interest of D.B.S., a minor child, by and through his guardian ad litem, and P.S., his mother, and G.F., his alleged father, Appellant, v. M.S., Appellee. No. 71,356Supreme Court of Kansas Opinion filed October 27, 1995. MEMORANDUM OPINION PARENT AND CHILD — Paternity — Putative Father’s Right to Paternity Determination […]

996 P.2d 361 RICHARD L. ENSLOW, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 82,708Court of Appeals of Kansas Opinion filed February 4, 2000. SYLLABUS BY THE COURT 1. MOTOR VEHICLES — Tests for Alcohol or Drugs — Test Refusal or Failure — Suspension of License — Statutory Procedure Construed. The provisions of K.S.A. 1998 […]

564 P.2d 508 THOMAS ORRIN FREVELE, Appellee, v. BERNARD McALOON and LAWRENCE DIEBOLT, d/b/a DIEBOLT LUMBER AND SUPPLY, Appellants. No. 48,194Supreme Court of Kansas Opinion filed May 14, 1977. SYLLABUS BY THE COURT 1. TRIAL — Effect of Pretrial Order. A pretrial order, entered by the trial court pursuant to K.S.A. 60-216, controls the subsequent […]

322 P.2d 759 THE STATE OF KANSAS on the Relation of ROBERT J. DOLE, as County Attorney of Russell County, Kansas; LOYD H. PHILLIPS, as County Attorney of Barton County, Kansas; CHARLES D. JOHNSON, as County Attorney of McPherson County, Kansas; BERNARD NORDLING, as County Attorney of Stevens County, Kansas; DAVID W. KESTER, as County […]

629 P.2d 716 STATE OF KANSAS, Petitioner, v. ROBERT FREEMAN, Respondent. No. 52,736Supreme Court of Kansas June 10, 1981 ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Order of Disbarment. Arno Windscheffel, disciplinary administrator, argued the cause and Roger N. Walter, disciplinary counsel, was on the brief for the State of Kansas. W.E. […]

465 P.2d 957 WALTER F. NALL, Appellant, v. STATE OF KANSAS, Appellee. No. 45,462Supreme Court of Kansas Opinion filed March 7, 1970. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — Relief Denied. Petitioner, being represented by counsel, entered a plea of guilty to the charge of murder in the first degree […]

510 P.2d 132 BEVERLY ANDREWS JENKINS, Appellee, v. THE NEWMAN MEMORIAL COUNTY HOSPITAL, A Corporation, Appellant. No. 46,744Supreme Court of Kansas Opinion filed May 12, 1973. SYLLABUS BY THE COURT 1. STATUTES — Repeal By Implication — No Repeal Unless Later Act Incompatible With First Act. Repeals by implication are not favored in the law […]

122 P.3d 838 STATE v. RAMIREZ. No. 93,009.Court of Appeals of Kansas. November 18, 2005. Appeal from Reno. Decision without published opinion. Affirmed.

666 P.2d 1182 CHARLES E. CORNETT, et al., Appellants, v. CLIFFORD R. ROTH, et al., Appellees. No. 55,137Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. FIDUCIARY RELATIONSHIP — Elements. While there is no invariable rule which determines the existence of a fiduciary relationship it is manifest that there must […]

110 P.3d 1053 STATE v. SMITH. No. 92,312.Court of Appeals of Kansas. May 6, 2005. Appeal from the Seward. Decision without published opinion. Affirmed.

573 P.2d 1128 STATE OF KANSAS, Appellee, v. WILLIAM D. BIRCHER, Appellant. No. 48,951Court of Appeals of Kansas Opinion filed January 13, 1978 Petition for review denied April 10, 1978. SYLLABUS BY THE COURT CRIMINAL LAW — Double Jeopardy — Substitution of Alternate Juror for Excused Juror. A defendant in a criminal prosecution is not […]

31 P.3d 970 MEYER LAND CATTLE COMPANY, Appellant, v. LINCOLN COUNTY CONSERVATION DISTRICT; RON FEDERKING, DAVID MORRICAL, DARRELL OETTING, DAVID BELL, DALE ROSEBROOK, AS INDIVIDUALS AND AS SUPERVISORS FOR THE LINCOLN COUNTY CONSERVATION DISTRICT; AND THE KANSAS STATE CONSERVATION COMMISSION, Appellees. No. 85,460Court of Appeals of Kansas Opinion filed: September 14, 2001. SYLLABUS BY THE […]

847 P.2d 1304 STATE OF KANSAS, Appellant, v. THOMAS R. BUSSE, Appellee. No. 68,414Supreme Court of Kansas Opinion filed March 5, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aiding a Felon — Information Charging Adult Sufficiently States Offense Even Though One Aided Is Juvenile. An information charging an adult with aiding a felon […]

934 P.2d 976 DEBBIE GERHARDT, Appellant, v. KEVIN C. HARRIS, Appellee. No. 73,863Supreme Court of Kansas Opinion filed March 14, 1997. SYLLABUS BY THE COURT ATTORNEY FEES — Dispute between Attorney and Client — Testimony of Deputy Disciplinary Administrator — Summary Judgment for Attorney Reversed on Plaintiff’s Claim of Fraud, Breach of Contract, and Tortious […]

563 P.2d 422 STATE OF KANSAS, Appellee, v. GREGORY GLYMPH, Appellant. No. 48,348Supreme Court of Kansas Opinion filed April 9, 1977. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Robbery — Ownership Not Essential. Ownership of property taken is not an essential element of robbery. 2. SAME — Aggravated Robbery — Possession and Control of […]

250 P.2d 771 MILDRED B. POTTER, Appellee, v. JAY C. RIMMER, Appellant, and GOLDIE RIMMER, Defendant. No. 38,731Supreme Court of Kansas Opinion filed December 6, 1952. SYLLABUS BY THE COURT JUDGMENTS — Vacation — Demurrer — Noncompliance with Procedural Rules. In an appeal from an order sustaining a demurrer to a petition to vacate a […]

562 P.2d 127 DALE A. LUTHI and MARCIA LUTHI, Appellees, v. JOHN R. EVANS and J.R. BURRIS, Appellees, and INTERNATIONAL TOURS, INC., a corporation, Appellant. No. 48,327Court of Appeals of Kansas Opinion filed March 18, 1977 Petition for review granted; see 223 Kan. 622. SYLLABUS BY THE COURT 1. OIL AND GAS — Assignment Conveying […]

349 P.2d 873 LUCILLE HOFF, Appellant, v. BERRY JOHNSTON, Appellee. No. 41,557Supreme Court of Kansas Opinion filed March 5, 1960. SYLLABUS BY THE COURT 1. NEGLIGENCE — Contributory Negligence an Affirmative Defense. It has long been the rule of this state, that the issue of contributory negligence constitutes an affirmative defense which is to be […]

587 P.2d 337 STATE OF KANSAS, Appellee and Cross-Appellant, v. JAMES E. FARLEY, Appellant and Cross-Appellee. No. 49,762Supreme Court of Kansas Opinion filed December 9, 1978. SYLLABUS BY THE COURT CRIMINAL LAW — Voluntary Manslaughter — Involuntary Manslaughter and Self-defense Instructions Erroneous. In a prosecution for second degree murder and an appeal from a conviction […]

883 P.2d 1184 STATE OF KANSAS, Appellee, v. DONALD W. ROWELL, JR., Appellant. No. 70,231.Supreme Court of Kansas Opinion filed November 4, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Child-abuse First-degree Murder and Rape — Defendant Not Prohibited from Presenting His Theory of Defense by State’s Motion in Limine. In an appeal from […]

548 P.2d 491 NEIGHBORS CONSTRUCTION COMPANY, INC., Appellee, v. J.R. SEAL-WELLS CONSTRUCTION COMPANY, INC., Appellee, and VALLEY VIEW APARTMENTS, INC., Appellee, and UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant. No. 47,894Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT 1. JOINT VENTURES — Action to Recover on Performance Bond — Findings […]

126 P.3d 1132 STATE v. STAGES. No. 92,199.Court of Appeals of Kansas. January 27, 2006. Appeal from Douglas. Affirmed.

468 P.2d 143 STATE OF KANSAS, Appellee, v. C.C. (MONTE) PARRISH, Appellant. No. 45,618Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT 1. EVIDENCE — Hearsay Testimony — Declarations Against Interest. In a prosecution for arson, the record is examined and it is held, hearsay testimony was admissible as an assertion […]

217 P.3d 966 NORTHERN NATURAL GAS COMPANY, Plaintiff, v. MARTIN, PRINGLE, OLIVER, WALLACE BAUER, L.L.P., Defendant. No. 100,282.Supreme Court of Kansas. Opinion filed: October 9, 2009. SYLLABUS BY THE COURTOIL AND GAS — Natural Gas — Underground Storage — Migration of Gas to Adjoining Property — Title and Possession of Migrating Gas. The United States […]

24 P.3d 158 STATE OF KANSAS, Appellant, v. JODY D. WICK, Appellee. No. 85,462Court of Appeals of Kansas Opinion filed: April 20, 2001. Petition for review denied 271 Kan. 1042 (2001). SYLLABUS BY THE COURT 1. STATUTE — Construction — Legislative Intent. It is a fundamental rule of statutory construction that when the language of […]

851 P.2d 1385 TIMOTHY A. ZURAWSKI, Appellee, v. KANSAS DEPARTMENT OF REVENUE, Appellant. No. 68,476Court of Appeals of Kansas Opinion filed May 14, 1993 Petition for review denied 253 Kan. 864 (1993). SYLLABUS BY THE COURT 1. MOTOR VEHICLES — Driver’s License Suspension — De Novo Review of Agency Action. The district court’s standard of […]

387 P.2d 190 ERNEST E. SAVAGE and DORIS BLOOMFIELD GOLDSMITH, Appellants, v. MAYME B. SAVAGE, JACK SAVAGE and GRACE M. HELT, Appellees. No. 43,333Supreme Court of Kansas Opinion filed December 7, 1963. SYLLABUS BY THE COURT DECLARATORY JUDGMENTS — Actual Controversy — Answer. When a petition is filed asking for a declaratory judgment under G.S. […]

362 P.2d 599 NORTHERN NATURAL GAS COMPANY, Appellant, v. STATE CORPORATION COMMISSION, Appellee. No. 42,128Supreme Court of Kansas Opinion filed June 10, 1961. SYLLABUS BY THE COURT 1. GAS — Powers of Corporation Commission — Ratable Taking by Purchaser. The provisions of G.S. 1959 Supp., 55-703 are considered and held to be sufficient to give […]

528 P.2d 1205 MICHELE CHARLEY, By Her Parents, JERRY CHARLEY and SONIA CHARLEY, Appellant, v. WILLIAM CAMERON, M.D., Appellee. No. 47,417Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT 1. PHYSICIANS AND SURGEONS — Disclosures of Results and Procedures — Medical Testimony Necessary to Establish Sufficiency of Disclosures. Where disclosures of […]

504 P.2d 196 AUSTIN PHILLIPS, Et Al., Appellees, v. FRED R. VIEUX, Et Al., Appellants. No. 46,510Supreme Court of Kansas Opinion filed December 9, 1972. SYLLABUS BY THE COURT ZONING — Actual Controversy — Spot Zoning — Limiting Evidence as to Trade Definitions — Ordinance Allowed Use of Land for Grocery Store. The record is […]

317 P.2d 831 THE COLEMAN COMPANY, INC., a corporation, Appellee, v. THE INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO), and its Unit, LOCAL No. 570, Affiliated with American Federation of Labor-Congress of Industrial Organizations, an unincorporated Labor Organization or Association; M.R. LEE, Individually, and as Area Director of the UAW […]

566 P.2d 18 W.E. HARTLEY, Appellee, v. GLENN W. FISHER and WILMA R. FISHER, Appellants. No. 48,369Court of Appeals of Kansas Opinion filed May 27, 1977 SYLLABUS BY THE COURT 1. AUTOMOBILES — Real Party in Interest to Sue for Damage to Automobile. The party in whose name the certificate of title to an automobile […]

289 P.2d 731 G.M. CALNON and HAROLD KELLER, by MYRLE KELLER, his father and next friend, Appellants, v. KLIFTON COOK, Appellee. No. 39,848Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT AUTOMOBILES — Collision with Horse — Failure of Brakes — Contributory Negligence. In an action for damages alleged to have […]

277 P.2d 594 GAYLENE SHANKS, a Minor, by M.K. SHANKS, as the Natural Guardian and Next Friend of Said Minor, Appellant, v. LUCILLE GILKINSON, Appellee. No. 39,542Supreme Court of Kansas Opinion filed December 11, 1954. SYLLABUS BY THE COURT AUTOMOBILES — Guest Statute — Fare Paying Passenger — Sufficiency of Petition. The record in an […]

299 P.2d 46 SARAH GORHAM FOSTER, Appellant, v. G. HUMBURG, doing business as CULLIGAN SOFT WATER SERVICE OF HAYS, and C.A. MERMIS, doing business as C B SERVICE COMPANY, Appellees. DARRELL A. CANTWELL and MRS. DARRELL A. CANTWELL, Appellants, v. G. HUMBURG, doing business as CULLIGAN SOFT WATER SERVICE OF HAYS, and C.A. MERMIS, doing […]

240 P.2d 471 T.E. DAILEY, Appellant, v. H.V. JOSLIN and SENORA W. JOSLIN, his wife; THE FIRST NATIONAL BANK OF SEDAN, KANSAS, a Corporation, and THE SINCLAIR PRAIRIE OIL COMPANY, a Corporation, Appellees. No. 38,293Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT 1. MINES AND MINERALS — Lease and Lease […]

749 P.2d 49 In the Interest of R.P., A Minor Child. No. 60,601Court of Appeals of Kansas Opinion filed January 29, 1988 Petition for review denied April 1, 1988. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Severance of Parental Rights — Adoption Proceeding following Severance — Best Interests of Child. In an adoption […]

408 P.2d 668 BILL CALL, Appellant, v. STATE OF KANSAS, Appellee. No. 44,270Supreme Court of Kansas Opinion filed December 11, 1965. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Unlawful Arrest — Jurisdiction. The jurisdiction of a court to try a person accused of crime, or to accept his plea of guilty, is not divested […]

464 P.2d 175 STATE OF KANSAS, Appellee, v. BUSTER JOE BALL, Appellant. No. 45,467Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Prisoner Committed to Penitentiary — Assigned to Honor Camp — Escape — Custody. A prisoner committed to the State Penitentiary under a sentence confining him […]

212 P.2d 230 E.B. KEEFER, Appellant, v. V.L. SPOHRER and MRS. V.L. SPOHRER, his wife, whose christian name is to plaintiff unknown, Appellees. No. 37,722Supreme Court of Kansas Opinion filed December 10, 1949. SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — Assignment of Lease — Consent. A six months’ oral lease of city residence […]

18 P.3d 977 STATE OF KANSAS, Appellee, v. JEFFREY A. BALDWIN, Appellant. No. 84,328Court of Appeals of Kansas Opinion filed: February 2, 2001. Petition for review denied 271 Kan. 1038 (2001). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Plea of Guilty or Nolo Contendere — Withdrawal of Plea — When Allowed. A plea of […]

416 P.2d 285 OSCAR GLENN LEE, Appellant, v. STATE OF KANSAS, Appellee. No. 44,561Supreme Court of Kansas Opinion filed July 14, 1966. SYLLABUS BY THE COURT CRIMINAL LAW — Motion to Vacate Sentence — When Remedy May Not Be Invoked. Under the provisions of K.S.A. 60-1507 (c), a prisoner may not challenge the validity of […]

186 P.3d 812 STATE OF KANSAS, Appellee, v. WAYNE WATSON, Appellant. No. 97,849.Court of Appeals of Kansas. Opinion filed June 20, 2008. SYLLABUS BY THE COURT1. STATUTES — Interpretation. The interpretation of a statute is a question of law over which an appellate court has unlimited review. An appellate court is not bound by the […]

623 P.2d 510 HAROLD KUMBERG, BOB KUMBERG, and FRANK KUMBERG, Appellees, v. CARL KUMBERG, Appellant. No. 51,227Court of Appeals of Kansas Opinion filed January 23, 1981 SYLLABUS BY THE COURT 1. OIL AND GAS — Royalty Interest. An oil and gas royalty is the right to share in the production of oil and gas at […]

431 P.2d 532 WILLIAM H. ADDINGTON, Appellant, v. STATE OF KANSAS, Appellee. No. 44,942Supreme Court of Kansas Opinion filed September 7, 1967. SYLLABUS BY THE COURT 1. TRIAL — Admitted Facts Not for Jury. Where the facts are admitted a factual issue should not be submitted to a jury. 2. HABEAS CORPUS — Commitment by […]

675 P.2d 372 MONTY RICHMEIER, Plaintiff/Appellee, v. THOMAS W. WILLIAMS, Third-Party Plaintiff/Appellant, v. USAA CASUALTY INS. CO., Third-Party Defendant/Appellee. No. 55,463Court of Appeals of Kansas Opinion filed January 26, 1984 SYLLABUS BY THE COURT 1. INSURANCE — Construction of Policy Terms by Court. Insurance is a matter of contract, and the courts will uphold whatever […]

290 P.2d 105 In the Matter of the Estate of Effie C. Whitmore, Deceased. (AMELIA E. SHOPE, et al., Proponents, Appellees, v. NELLIE F. REES, et al., Opponents, Appellants.) No. 39,838Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT 1. WILLS — Petition to Probate — Death of Subscribing Witness — […]

382 P.2d 282 THE WOODS-RINGSTAFF LUMBER COMPANY, a co-partnership, composed of R.C. WOODS, E.E. WOODS, MURIEL LOUGH WOODS, and W.F. RINGSTAFF, Plaintiff, and R.C. WOODS, Surviving Partner of the co-partnership named above as plaintiff, Intervening Plaintiff, and THE WOODS-RINGSTAFF LUMBER COMPANY, a co-partnership, composed of R.C. WOODS, E.E. WOODS, MURIEL LOUGH WOODS, Substituted Plaintiff, Appellees, […]

309 P.2d 703 JOHN W. CRISLER et al., Appellees, v. C.K. PACKING COMPANY, INC., a Corporation, Appellant. No. 40,452Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT PLEADING — Collective Bargaining Contract — Misjoinder of Actions. Forty-five plaintiffs joined in an action to recover under a contract negotiated by collective bargaining […]

470 P.2d 748 NORMA JEAN SANDER, ELGERINE GROSS, DARRELL N. ENGEL, IMELDA MAE KARLIN, CLAYTON J. ENGEL, VERLIN JAMES ENGEL, and PHYLLIS ANN ENGEL, a Minor, by IMELDA MAE KARLIN, Her Guardian and Next Friend, Appellees and Cross-Appellants, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, and J.L. WOOD, Appellants. No. 45,729Supreme Court of Kansas Opinion […]

378 P.2d 5 EARL RUMBAUGH, Appellee, v. ANDREW F. VONFELDT, Appellant. No. 43,195Supreme Court of Kansas Opinion filed January 26, 1963. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Action by Employer for Benefit of Employee — Negligent Third Party — Limitation of Actions. Under the provisions of G.S. 1961 Supp., 44-504, an employer who has […]

541 P.2d 698 MARGARET HUGHES, Surviving Wife and Next of Kin of Mitchell K. Hughes, and MARGARET HUGHES, Administratrix of the Estate of Mitchell K. Hughes, Deceased, Appellant, v. BOARD OF PUBLIC UTILITIES and CITY OF KANSAS CITY, KANSAS, Appellees. No. 47,695Supreme Court of Kansas Opinion filed June 14, 1975. Appeal from Wyandotte district court, […]

145 P.3d 48 STATE OF KANSAS, Appellee, v. JOHN F. FRANCIS, Appellant. No. 92,087.Supreme Court of Kansas. Opinion filed October 27, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Suppression of Evidence — Appellate Review. When the facts material to a trial court’s decision on a motion to suppress evidence are not in dispute, […]

957 P.2d 516 STATE OF KANSAS, Appellee, v. RICHARD J. SOLER, JR., Appellant. No. 77,541[1] Court of Appeals of Kansas Opinion filed January 16, 1998 [1] Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated March 18, 1998, pursuant to Rule 7.04 (1997 Kan. Ct. R. […]

313 P.2d 253 JULIAN C. SOGN, Appellant, v. VIVIAN RATT, Appellee. No. 40,625Supreme Court of Kansas Opinion filed July 3, 1957. SYLLABUS BY THE COURT JUSTICES OF THE PEACE — Appeals — Sufficiency of Appeal Bond. Following a well established line of cases, where a party appeals an ordinary civil action from a justice of […]