Category: Kansas Court Opinions

424 P.2d 541 M.M. WILLIAMS and WAYNE COULSON, Trustees, Appellants and Cross-Appellees. v. SAFEWAY STORES, INCORPORATED, a Corporation, Appellee and Cross-Appellant, and HILL BROS. DISTRIBUTORS, INC., a Corporation, Appellee. No. 44,641Supreme Court of Kansas Opinion filed March 4, 1967. SYLLABUS BY THE COURT 1. COVENANTS — Express Excludes Implied Covenants. An express covenant in a […]

375 P.2d 596 JOHN P. SIRICO (Claimant), Appellee, v. JESS BURCH (Respondent) and WESTERN CASUALTY AND SURETY COMPANY (Insurance Carrier) Appellants, and FOX CONSTRUCTION COMPANY (Respondent) and CENTRAL SURETY AND INSURANCE CORPORATION (Insurance Carrier), Appellees. No. 43,123Supreme Court of Kansas Opinion filed November 3, 1962. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Occupational Disease — […]

987 P.2d 1060 STATE OF KANSAS, Appellee, v. STEVEN WILSON and GLORIA WILSON, Appellants. Nos. 80,657, 80,658Supreme Court of Kansas Opinion Filed July 9, 1999. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Construction by Court. A statute is presumed constitutional and all doubts must be resolved in favor of its validity. If there […]

441 P.2d 846 THE STATE OF KANSAS, Appellee, v. DELMAR G. DOYLE, Appellant. No. 45,058Supreme Court of Kansas Opinion filed June 8, 1968. SYLLABUS BY THE COURT 1. HOMICIDE — Corpus Delicti — How Established. In a homicide case, the corpus delicti is the body or substance of the crime which consists of the killing […]

494 P.2d 1137 STATE OF KANSAS, Appellee, v. VERA IRENE PHIPPEN, Appellant. No. 46,538Supreme Court of Kansas Opinion filed March 4, 1972. SYLLABUS BY THE COURT CRIMINAL LAW — Robbery — Voir Dire and Opening Statement — Admission of Lineup Evidence — Admission of Exhibits — Evidence of Previous Robbery Conviction — Evidence Sustained Conviction. […]

908 P.2d 1276 MOBIL EXPLORATION PRODUCING U.S. INC., et al., Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, SUSAN M. SELTSAM, CHAIR; and F.S. JACK ALEXANDER AND RACHEL C. LIPMAN, COMMISSIONERS, AND THEIR RESPECTIVE SUCCESSORS IN OFFICE AS CONSTITUENT MEMBERS OF THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellees. No. […]

876 P.2d 193 WARREN BROWN GILLESPIE and POLLY GILLESPIE TOWNSEND, Plaintiffs/Appellees, v. DOROTHEA WOFFORD SEYMOUR, et al., Defendants, and ROBERT W. BURDGE, an accountant; and GRANT THORNTON, an accounting partnership, Defendants/Appellants. JAMES PAUL GILLESPIE, Executor of the Estate of Pauline Brown Gillespie, deceased, Plaintiff/Appellee, v. DOROTHEA WOFFORD SEYMOUR, et al., Defendants, and ROBERT W. BURDGE, […]

559 P.2d 790 WADE BERRYMAN, Appellee, v. NORBERT H. KMOCH, Appellant. No. 48,106Supreme Court of Kansas Opinion filed January 22, 1977. SYLLABUS BY THE COURT 1. VENDOR AND PURCHASER — Option Contracts — Consideration. An option contract to purchase land to be binding must be supported by consideration the same as any other contract. 2. […]

99 P.3d 1135 RIVERSIDE DRAINAGE DISTRICT OF SEDGWICK COUNTY, KANSAS, Appellant/Cross-appellee, v. JACK R. HUNT AND CORNERSTONE HOMES, L.L.C., Appellees/Cross-appellants. No. 91,752.Court of Appeals of Kansas. Opinion filed October 29, 2004. SYLLABUS BY THE COURT1. REAL PROPERTY — Easement — Disposition of Easement — General Rules Regarding Abandonment of Property Not Applicable. The general rule […]

518 P.2d 427 LEE E. WEEKS, BARNEY DAVIS, ROBERT H. FOUTS, KEITH DOWNING, and CHARLES B. HURST, Appellants, v. CITY OF BONNER SPRINGS, KANSAS, a Municipal Corporation, and REX A. STITH, Appellees. No. 47,035Supreme Court of Kansas Opinion filed January 26, 1974. SYLLABUS BY THE COURT 1. ZONING — Occupancy Permit for Professional Office — […]

713 P.2d 451 In the Matter of the Petition of the CITY OF MORAN, KANSAS, the ALLEN COUNTY BANK TRUST, Iola, Kansas, Trustee, and the IOLA STATE BANK, Iola, Kansas, Paying Agent, Requesting Instructions Regarding Trust. No. 57,791Supreme Court of Kansas Opinion filed January 17, 1986. SYLLABUS BY THE COURT 1. JUDGMENTS — Declaratory Judgment […]

947 P.2d 466 STATE OF KANSAS, Appellee, v. CLIFFORD A. SCOTT, Appellant. No. 75,684Court of Appeals of Kansas Opinion filed November 7, 1997. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Double Jeopardy — Defense of Double Jeopardy Waived by No Contest Plea Pursuant to Plea Negotiations. The defense of double jeopardy is waived by […]

398 P.2d 327 STATE OF KANSAS, Appellee, v. C.K. CLARK, Appellant. No. 44,032Supreme Court of Kansas Opinion filed January 23, 1965. SYLLABUS BY THE COURT HOMICIDE — First Degree Murder — No Rights Prejudicially Affected — Verdict Supported by Evidence. In an appeal in a prosecution for murder in the first degree, with penalty affixed […]

116 P.3d 728 STATE OF KANSAS, Appellee, v. SANDRA PORTING, Appellant. STATE OF KANSAS, Appellee, v. KIM D. ANGEL, Appellant. Nos. 91,631, 91,667.Court of Appeals of Kansas. Opinion filed August 5, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When the facts material to a trial court’s decision on […]

941 P.2d 1356 STATE OF KANSAS, Appellant, v. BOBBIE L. HEIRONIMUS, Appellee. No. 77,733Supreme Court of Kansas Opinion filed July 11, 1997 SYLLABUS BY THE COURT CRIMINAL LAW — Operating Motor Vehicle While Driving Privileges Revoked as Habitual Violator — Procedural Due Process — Constitutuionality of Habitual Violator Statutes. In an appeal by the State […]

482 P.2d 46 WILLIAM E. DANIELS and SYLVIA N. DANIELS, Appellants, v. KANSAS HIGHWAY PATROL, et al., Appellee. No. 45,906Supreme Court of Kansas Opinion filed March 6, 1971. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Operation of Police Department — Governmental Function. The maintenance and operation of a police department by a city is […]

907 P.2d 840 In the Matter of JAMES RICHARD CALLAHAN, Respondent. No. 74,366Supreme Court of Kansas Opinion filed December 8, 1995. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed December 8, 1995. Indefinite suspension. Stanton A. Hazlett, deputy disciplinary administrator, argued the cause, and […]

495 P.2d 965 STATE OF KANSAS, Appellee, v. RONALD E. DAVIS, Appellant. No. 46,551Supreme Court of Kansas Opinion filed April 8, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Intent of Code of Criminal Procedure Stated — Speedy Trial Defined. The Kansas Code of Criminal Procedure, effective July 1, 1970, was intended to provide […]

164 P.3d 827 ESTATE OF ETHEL F. DRAPER, deceased, Appellee, v. BANK OF AMERICA, N.A., as Trustee of the ETHEL F. DRAPER IRREVOCABLE VOLUNTARY TRUST AGREEMENT DATED APRIL 8, 1982, Appellee/Cross-appellee, FIRST CHRISTIAN CHURCH OF OLATHE, KANSAS, Appellant, JANIS M. WALESKI MURPHY and MARY H. MOELLER, Appellees/Cross-appellants, UMB BANK, N.A., AMERICAN CANCER SOCIETY HEARTLAND DIV., […]

110 P.3d 1053 DUTIL v. EDWARDS. No. 92,672.Court of Appeals of Kansas. May 6, 2005. Appeal from the Wilson. Decision without published opinion. Affirmed.

271 P.2d 285 BLANCHE STEPHENS, Appellant, v. WENDEL F. BACON, MRS. WENDEL F. BACON, and ALVIN W. BACON, a Minor, Appellees. No. 39,369Supreme Court of Kansas Opinion filed June 12, 1954. SYLLABUS BY THE COURT NEGLIGENCE — Contributory Negligence — Demurrer to Evidence — Construction. In an action to recover damages for personal injuries sustained […]

394 P.2d 21 In the Matter of the Estate of Martha L. Isom, Deceased. (GEORGE BURROWS, JR., Appellee, v. T.A. DUDLEY and FRANK MANTZKE, Co-Administrators of the Estate of Martha L. Isom, Deceased, et al., Appellants.) No. 43,644Supreme Court of Kansas Opinion filed July 14, 1964. SYLLABUS BY THE COURT 1. SPECIFIC PERFORMANCE — Oral […]

701 P.2d 1301 LYNN EUGENE CLEVELAND, Appellee, v. DAVID WONG, M.D., Appellant. No. 56,450Supreme Court of Kansas Opinion filed June 21, 1985. SYLLABUS BY THE COURT 1. TORTS — Medical Malpractice — When Cause of Action Accrues. Under the provisions of K.S.A. 60-513(c), a cause of action in medical malpractice does not accrue until such […]

882 P.2d 1001 In the Matter of the Estate of GLENN E. HINDERLITER, Deceased. No. 70,974Court of Appeals of Kansas Opinion filed October 14, 1994 Petition for review denied 256 Kan. 995 (1994). SYLLABUS BY THE COURT 1. ESTATES — Intestate Estate — Adopted Children’s Inheritance Rights to Estate of Biological Parent. The adoption statutes […]

96 P.3d 1110 In the Matter of the Estate of FRANCIS J. WOLF, JR., a/k/a FRANCIS J. WOLF, Deceased. No. 91,225.Court of Appeals of Kansas Opinion filed September 3, 2004. SYLLABUS BY THE COURT1. JURISDICTION — Subject Matter Jurisdiction by Trial Court — Appellate Review. Whether the trial court has subject matter jurisdiction over a […]

73 P.3d 155 In the Matter of the Estate of ALICE D. MILWARD, f/k/a ALICE D. BRECHEISEN, Deceased. No. 89,832.Court of Appeals of Kansas. Opinion filed July 25, 2003. SYLLABUS BY THE COURT1. PROBATE CODE — Probate of Will — Executor’s Interest in Estate. K.S.A. 59-2221 allows any person interested in the estate to file […]

142 P.3d 321 JOSEPH J. FIORELLA and CARLA FIORELLA, Appellants, v. TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, et al., Appellees. No. 94,628.Court of Appeals of Kansas. Opinion filed September 15, 2006. SYLLABUS BY THE COURT1. SUMMARY JUDGMENT — Appellate Review. On appeal from a summary judgment ruling by the district court, an appellate court applies the […]

651 P.2d 27 STATE OF KANSAS, Appellee, v. RICHARD A. GARTON, Appellant. No. 54,151Court of Appeals of Kansas Opinion filed September 30, 1982 Petition for review denied 232 Kan. 876 (1982). SYLLABUS BY THE COURT CRIMINAL LAW — Unlawful Possession of Firearm within Five Years of Release from Imprisonment for Felony — When Five-year Period […]

89 P.3d 924 CITY OF TOPEKA, KANSAS, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS, SHAWNEE COUNTY REGISTER OF DEEDS, MARILYN NICHOLS, and K.W. SIMON ASSOCIATES, INC., Appellees. No. 90,620.Supreme Court of Kansas. Opinion filed May 14, 2004. SYLLABUS BY THE COURTCOUNTIES — County May Not Refer to Home Rule […]

834 P.2d 376 STATE OF KANSAS, Appellee, v. JAYCEE R. DEGGS, Appellant. No. 66,090Supreme Court of Kansas Opinion filed July 10, 1992. SYLLABUS BY THE COURT 1. TRIAL — Lesser Included Offenses — Jury Instructions — Trial Court’s Duty to Instruct on Lesser Included Offenses. A trial court has the affirmative duty to instruct the […]

157 P.3d 655 STATE OF KANSAS, Appellant, v. CHRISTOPHER L. BROWN, Appellee. No. 96,862.Court of Appeals of Kansas. Opinion filed May 4, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Confession — Voluntariness — Determination — State’s Burden of Proof. To determine whether a defendant’s confession is voluntary, a court must consider the totality of […]

257 P.3d 1272 CITY OF MULVANE, KANSAS, Appellee, v. ERIC HENDERSON, Defendant, MIDWEST LEAGACY, LLC, a/k/a MIDWEST LEGACY, LLC, Appellant, DD SIMPSON FAMILY, LLC, Intervenor/Appellee, MARK E. DODDS, CPA, Receiver. No. 104,995.Court of Appeals of Kansas. Opinion filed July 8, 2011. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Motion to Intervene — Grant of Motion […]

772 P.2d 278 In The Matter of the Marriage of SYLVIA K. Ross (n/k/a SYLVIA K. O’Brien), Appellee, and ROBERT LEWIS ROSS, Appellant, and R.A.R., a minor child, by and through his Guardian ad Litem, Appellee, v. CHARLES ALLAN AUSTIN, Appellant. No. 62,522Court of Appeals of Kansas Opinion filed April 14, 1989 Aff’d in part, […]

681 P.2d 676 ESTEBAN MENDOZA, Appellant, v. RENO COUNTY, KANSAS, et al., Appellees. No. 56,024Supreme Court of Kansas Opinion filed June 8, 1984. SYLLABUS BY THE COURT 1. FALSE ARREST — Immunity of Law Enforcement Officers When Making Warrantless Arrest Based on Probable Cause. Officers making a warrantless arrest with probable cause are immune from […]

456 P.2d 8 STATE OF KANSAS, Appellee, v. ROBERT FRANCIS SHEPLEY, Appellant. No. 45,389Supreme Court of Kansas Opinion filed June 14, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Habitual Criminal Act — Nature of Offense Controlling. It is the nature of the prior criminal offense, and not the manner of punishment, which is […]

794 P.2d 310 THE SOUTHGATE BANK, Appellee/Cross-Appellant, v. FIDELITY DEPOSIT COMPANY OF MARYLAND, Appellant/Cross-Appellee. No. 63,243Court of Appeals of Kansas Opinion filed June 15, 1990 SYLLABUS BY THE COURT 1. JUDGMENTS — Res Judicata — Binding Effect of Prior Finding on Parties to Proceeding and Their Privies. Traditionally, a finding in a former trial is […]

517 P.2d 117 CITY OF HUTCHINSON, KANSAS, A MUNICIPAL CORPORATION, FOR AND ON BEHALF OF THE HUMAN RELATIONS COMMISSION OF HUTCHINSON, KANSAS, Appellant, v. THE HUTCHINSON, KANSAS OFFICE OF THE KANSAS STATE EMPLOYMENT SERVICE AND LAWRENCE M. FORNEY, Appellees. No. 47,005Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT 1. EMPLOYMENT […]

508 P.2d 878 STATE OF KANSAS, Appellee, v. LANNY C. RIEDEL, Appellant. No. 46,890Supreme Court of Kansas Opinion filed April 7, 1973. SYLLABUS BY THE COURT CRIMINAL LAW — Admission of Incriminating Statements Into Evidence — Jury Instructions. The record is examined in an action wherein the defendant was convicted of receiving stolen property and […]

325 P.2d 382 THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, (Plaintiff), Appellee, v. MRS. L.L. BROWN (Defendant), Appellee, and ROBERT L. McENDREE (Intervenor), Appellant. No. 40,847Supreme Court of Kansas Opinion filed May 10, 1958. SYLLABUS BY THE COURT 1. ZONING — Action to Enjoin Use of Repair Shop — Agricultural Land Zoned Residential. […]

523 P.2d 410 STATE OF KANSAS, Appellant, v. EUSEBIO MONTANEZ, Appellee. No. 47,306Supreme Court of Kansas Opinion filed June 15, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Protecting Right of Confrontation — Privilege of Self-incrimination. A trial court is required to protect an accused’s right of confrontation short of compelling the witness against […]

510 P.2d 1195 SIMEON WEBB and THELMA WEBB, Appellees, v. RUTH GRAHAM, Appellant. No. 46,838Supreme Court of Kansas Opinion filed June 9, 1973. SYLLABUS BY THE COURT 1. DEEDS — Execution and Delivery — Presumption of Merger. This court has consistently recognized when a deed is prepared, executed and delivered by the grantors and accepted […]

47 P.3d 383 312 EDUCATION ASSOCIATION, Appellants, v. U.S.D. No. 312, Appellees. No. 86,962Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT SCHOOLS — Teacher Grievance — Education Association without Standing to Appeal — Issue Remains under Facts Whether Unified School District Waived Standing Defense. In this case, where the standing […]

543 P.2d 952 STATE OF KANSAS, Appellee, v. THOMAS LEO McCORGARY, Appellant. No. 47,813Supreme Court of Kansas Opinion filed December 13, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — When Prosecution Deemed Commenced. In Kansas a criminal prosecution may be deemed commenced upon filing complaint and issuance of warrant. 2. SAME — After Prosecution […]

494 P.2d 1174 STATE OF KANSAS, Appellee, v. HERMAN LOUDERMILK, Appellant. No. 46,448Supreme Court of Kansas Opinion filed March 4, 1972. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Detention and Search of Persons and Premises — Constitutionality. In the execution of a search warrant, under the provisions of K.S.A. 1971 Supp. 22-2509, the […]

345 P.2d 616 HOWARD B. FINE, Appellee, v. TELEPHONE POWER SUPPLY CO., INC., A Corporation, Appellant. No. 41,200Supreme Court of Kansas Opinion filed November 7, 1959. SYLLABUS BY THE COURT 1. TRIAL — Weight and Credibility of Evidence. As the trier of the facts, it is the province and duty of the trial court to […]

766 P.2d 158 STATE OF KANSAS, Appellee, v. JOHN E. BEEBE, Appellant. No. 61,321Supreme Court of Kansas Opinion filed December 9, 1988. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Exculpatory Evidence — Prosecutor Required to Disclose to Defendant — Failure to Disclose — When Reversal of Conviction Required. Prosecutors are under a positive duty, […]

520 P.2d 1262 WESTAMERICA SECURITIES, INC., a Corporation, Appellee, v. WORTH C. CORNELIUS and VANITA P. CORNELIUS, Appellants. No. 47,126Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. JURY — Jury Trial — Acquiescence Amounting to Waiver. Conduct or acquiescence inconsistent with an intention to insist on a jury trial […]

676 P.2d 774 STATE OF KANSAS, Appellee, v. BOBBY G. HARPER, Appellant. No. 55,817Court of Appeals of Kansas Opinion filed February 23, 1984 Reversed 235 Kan. 825. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Burglary. Burglary is a specific intent crime. 2. SAME — Unlawful Entry into Building — Criminal Intent Not Inferred. Standing […]

841 P.2d 1088 STATE OF KANSAS, Appellee, v. ORVILLE M. GEDDES, JR., Appellant. No. 65,560Court of Appeals of Kansas Opinion filed November 20, 1992 Petition for review denied 252 Kan. ___ (February 5, 1993). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Enhancement of Classification of a Crime Involving Illegal Drugs — Enhancement […]

948 P.2d 1150 GARVEY ELEVATORS, INC. AND ITS REPRESENTATIVES, Appellees, v. KANSAS HUMAN RIGHTS COMMISSION AND ELI A. JACKSON, Appellants. No. 76,394Court of Appeals of Kansas Opinion filed December 5, 1997. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Findings of Fact and Conclusions of Law — Standard of Appellate Review. An appellate court’s standard […]

984 P.2d 132 STATE OF KANSAS, Appellee, v. LORENZO M. JONES, Appellant. No. 80,962Supreme Court of Kansas Opinion Filed July 9, 1999. SYLLABUS BY THE COURT CRIMINAL LAW — Second-degree Murder — Jury Instruction on Reckless Second-degree Murder — Pyschological Testing of Witnesses — Admissibility of Defendant’s Statements to Police. In an appeal from a […]

310 P.2d 937 J.G. WITMER, Appellant, v. The Estate of Frank C. Brosius, Deceased (JOHN R. BARRIER, Administrator), Appellee. No. 40,359Supreme Court of Kansas Opinion filed May 11, 1957. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Demand — Sufficiency of Evidence — Demurrer. The record examined in an action for the allowance of a […]

257 P.3d 788 WILLIAM S. PORTER and BURGER O’ROURKE, INC., d/b/a SERVPRO OF BARTLESVILLE/MIAMI, Appellees, v. WELLS FARGO BANK, N.A., Appellant. No. 103,323.Court of Appeals of Kansas. Opinion filed May 20, 2011. SYLLABUS BY THE COURT1. JURISDICTION — Service of Process Required before Court Has Jurisdiction over Defendant. If service of process is not properly […]

731 P.2d 1288 EUGENE J. KUBICKI, SR., Appellant, v. WYANDOTTE COUNTY RACE TRAINING STABLES, Appellee. No. 59,324Court of Appeals of Kansas Opinion filed January 29, 1987 SYLLABUS BY THE COURT CIVIL PROCEDURE — Default Judgment in Limited Actions Case — Motion to Set Aside Default Judgment Untimely and Grant of Motion by Trial Court Was […]

836 P.2d 1147 STATE OF KANSAS, Appellee, v. LaJUAN CLEMONS, Appellant. No. 66,644Supreme Court of Kansas Opinion filed July 10, 1992. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Accused’s Extrajudicial Statement to Law Enforcement Officers — Voluntariness of Statement — Factors to Consider. Factors bearing on the voluntariness of a statement made by an […]

400 P.2d 729 RONALD J. WILKINSON, Special Administrator of the Estate of R.J. Cummings, Deceased; MARGARET CUMMINGS, a Minor, by BESSIE GILLESPIE, her Mother and Next Friend; and NORMA JEAN ROWE, Appellants, v. CRAYTON CUMMINGS and VIOLA CUMMINGS, Appellees. No. 44,002Supreme Court of Kansas Opinion filed April 10, 1965. SYLLABUS BY THE COURT 1. TRIAL […]

439 P.2d 155 SYLVESTER KUHN, Appellee, v. GRANT COUNTY, KANSAS, Appellant, and FARMERS ELEVATOR MUTUAL INSURANCE COMPANY (Appellee), and RELIANCE INSURANCE COMPANY (Appellant). No. 45,184Supreme Court of Kansas Opinion filed April 6, 1968. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Proceedings Before Director — Jurisdiction of District Court on Appeal. In proceedings to recover […]

360 P.2d 1082 ROY G. McMILLAN and NADINE A. McMILLAN, Appellants, v. THE JAYHAWK CONSTRUCTION COMPANY, INC., Defendant, and THE SARGENT EXCAVATING COMPANY, INC., Appellee. No. 42,134Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT PLEADINGS — Damage from Blasting — Sufficiency of Petition — Punitive Damages. In an action to […]

994 P.2d 658 DIMENSION GRAPHICS, INC., Appellant, v. TED LIEBOWITZ and BRUCE JACOBSON, Appellees. No. 81,253Court of Appeals of Kansas Opinion filed December 23, 1999. SYLLABUS BY THE COURT 1. AGENCY — Undisclosed Principal Distinguished from Partially Disclosed Principal. If at the time of a transaction conducted by an agent the other party has no […]

78 P.3d 449 In the Matter of ROBERT H. ROYER, JR., Respondent. No. 90,703.Supreme Court of Kansas. Opinion filed October 31, 2003. ORIGINAL PROCEEDING IN DISCIPLINEATTORNEY AND CLIENT — Disciplinary Proceeding — Three Months’ Suspension. Original proceeding in discipline. Opinion filed October 31, 2003. Three months’ suspension. Stanton A. Hazlett, disciplinary administrator, argued the cause […]

683 P.2d 909 IN THE MATTER OF THE APPEAL OF R R JANITOR SERVICE FROM A DECISION OF THE DIRECTOR OF TAXATION. No. 56,093Court of Appeals of Kansas Opinion filed June 7, 1984 Petition for review denied September 6, 1984. SYLLABUS BY THE COURT 1. STATUTES — Constitutionality — Presumption of Validity. The constitutionality of […]

853 P.2d 648 In the Matter of ROBERT E. JENKINS, Respondent. No. 67,523Supreme Court of Kansas Opinion filed May 28, 1993. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed May 28, 1993. Probation revoked; indefinite suspension. Paula B. Martin, special deputy disciplinary administrator, argued […]

958 P.2d 1162 NORA H. RINGLER REVOCABLE FAMILY TRUST, NORA H. RINGLER, TRUSTEE, Appellant, v. MEYER LAND AND CATTLE CO., INC., CHRIS M. MEYER and TIMOTHY MEYER, Appellees. No. 76,598Court of Appeals of Kansas Opinion filed May 22, 1998 Petition for review denied 265 Kan. 886 (1998) SYLLABUS BY THE COURT 1. STATUTES —Private Right […]

721 P.2d 278 J.A. TOBIN CONSTRUCTION COMPANY, INC., Plaintiff-Appellee/Cross-Appellant, v. JOHN B. KEMP, Secretary of Transportation, KANSAS DEPARTMENT OF TRANSPORTATION, Defendant-Appellee, and WYANDOTTE COUNTY, KANSAS, Defendant and Third-Party Plaintiff-Appellee, and KANSAS CITY POWER AND LIGHT COMPANY, Third-Party Defendant-Appellant, and SOUTHWESTERN BELL TELEPHONE COMPANY, Third-Party Defendant-Appellant. No. 58,641Supreme Court of Kansas Opinion filed June 13, 1986. […]

999 P.2d 265 STATE OF KANSAS, Appellee, v. FRANKIE BOYD, Appellant. No. 79,079Supreme Court of Kansas Opinion filed: March 10, 2000. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Appeal by Defendant — Statutory Right to Appeal — Scope of Appellate Review. An appeal may be taken by a criminal defendant as a matter of […]

98 P.3d 304 HERNANDEZ v. IBP, INC. No. 91,762.Court of Appeals of Kansas October 1, 2004. Appeal from the Workers Compensation Board. Decision Without Published Opinion. Affirmed.

232 P.2d 611 HARRY A. LANNING, Administrator of the Estate of Walter S. Goldsberry, Deceased, Appellee, v. CLAUDE EUGENE GOLDSBERRY, Appellant. No. 38,321Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Action by Administrator for Possession of Real Estate — Right to Bring Action — Jurisdiction. […]

276 P.2d 293 PAT TALBOTT, Appellee, v. W.G. TALBOTT, Appellant. No. 39,469Supreme Court of Kansas Opinion filed November 13, 1954. SYLLABUS BY THE COURT DIVORCE — Custody of Child — Property Rights — No Abuse of Judicial Discretion. In proceedings had on motions pertaining to property rights and child custody, arising out of a divorce […]

213 P.3d 745 STATE OF KANSAS, Appellee, v. BRADLEY D. HARDESTY, Appellant. No. 100,571.Court of Appeals of Kansas. Opinion filed: August 14, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Identity Theft — Statute Requires Stolen Identity to Be from “Another Person.” The offense of identity theft under K.S.A. 21-4018(a) requires that the identity stolen […]

409 P.2d 782 LOIS E. TULLY, Individually, and KELLEY LYNNE TULLY, JOHN JAY TULLY and JEFFREY LOUIS TULLY, by LOIS E. TULLY, Their Guardian, Appellants, v. The Estate of Terry G. Gardner, Deceased, DONALD L. GRAY and KEITH M. GRAY; and MOSS LEASING COMPANY, INC., Appellees, and AETNA CASUALTY AND SURETY COMPANY, INC., A Corporation, […]

576 P.2d 663 BILLY H. GILE, Appellee, v. ASSOCIATED COMPANY, INC., Appellant, and TRUCK INSURANCE EXCHANGE, Appellant. No. 49,075Supreme Court of Kansas Opinion filed April 1, 1978. MEMORANDUM OPINION WORKERS’ COMPENSATION — Modification of Award — Proof Required. Appeal from Sedgwick district court, division No. 3, B. MACK BRYANT, judge. Opinion filed April 1, 1978. […]

485 P.2d 1377 GILL MORTUARY (MILLIE E. GILL, Appellant, v. SUTORIS, INC., and PAUL E. SUTORIS, Appellees. No. 46,029Supreme Court of Kansas Opinion filed June 12, 1971. SYLLABUS BY THE COURT 1. CONTRACTS — Mutuality Necessary to Amend Terms. Mutuality is required in order to amend the terms of a contract and one party cannot […]

600 P.2d 794 SUNFLOWER PIPELINE COMPANY, Applicant/Appellant, v. KANSAS CORPORATION COMMISSION, Respondent/Appellee. No. 50,718Court of Appeals of Kansas Opinion filed October 5, 1979 SYLLABUS BY THE COURT 1. PUBLIC UTILITIES — Kansas Corporation Commission — Enforcement Powers. The power granted to the KCC over public utilities in Chapter 66 of Kansas Statutes Annotated includes the […]

563 P.2d 418 STATE OF KANSAS, Appellee, v. BERT HEATH, Appellant. No. 48,235Supreme Court of Kansas Opinion filed April 9, 1977. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — One Not an Owner or in Possession of Automobile — No Right to Challenge Search. One who is neither an owner nor in possession of […]