American Outdoorsman, Inc. v. Pella Products, Inc. No. 95,416.Court of Appeals of Kansas. October 20, 2006. Appeal from the Johnson. Unpublished Opinions Affirmed.
Category: Kansas Court Opinions
WITMER v. ESTATE OF BROSIUS, 181 Kan. 200 (1957)
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 […]
PORTER v. WELLS FARGO BANK, 45 Kan. App. 2d 931 (2011)
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 […]
STATE v. TREVINO, 290 Kan. 317 (2010)
STATE OF KANSAS, Appellee, v. EDDIE E. TREVINO, Appellant. No. 101,036.Supreme Court of Kansas. Opinion filed: March 26, 2010. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Life Sentence — Issue Whether Sentence Is Cruel or Unusual Punishment — Appellate Review. Whether a life sentence imposed under K.S.A. 2006 Supp. 21-4643 offends the constitutional […]
STATE v. SANDERS, 5 Kan. App. 2d 189 (1980)
614 P.2d 998 STATE OF KANSAS, Appellee, v. JAMES ALBERT SANDERS, Appellant. No. 50,831Court of Appeals of Kansas Opinion filed July 18, 1980 SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Motion to Suppress — Burden of Proof. The proponent of a motion to suppress has the burden of establishing that his own Fourth […]
ALLIANCE MUTUAL CASUALTY CO. v. BAILEY, 191 Kan. 192 (1963)
380 P.2d 413 ALLIANCE MUTUAL CASUALTY COMPANY, Appellee, v. CLAYTON BAILEY, RAYMOND A. WHITEBREAD, BILLY L. SPILLMAN, and ROBERT LIGGETT, Appellants. No. 43,049Supreme Court of Kansas Opinion filed April 6, 1963. SYLLABUS BY THE COURT 1. DECLARATORY JUDGMENT — When Not an Available Remedy. A declaratory judgment action is not an available remedy where the […]
STATE v. DAVIS, 32 Kan. App. 2d xxxiii (2004)
State v. Davis. No. 90,381.Court of Appeals of Kansas. April 16, 2004. Appeal from the Sedgwick. Unpublished Opinions Affirmed. Page xxxiv
FIRST NAT’L BANK TR. v. ATCHISON CTY. AUCTION, 10 Kan. App. 2d 382 (1985)
699 P.2d 1032 FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY, OKLAHOMA, Appellee, v. ATCHISON COUNTY AUCTION COMPANY, INC., ATCHISON, KANSAS, Appellant. No. 56,678Court of Appeals of Kansas Opinion filed May 2, 1985 Petition for review denied 237 Kan. 886. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Secured Transaction — Sufficiency of […]
STATE v. STOUT, 280 Kan. 991 (2005)
State v. Stout. No. 92,409.Supreme Court of Kansas. November 1, 2005. Appeal from the 34 Kan. App. 2d 83. Petitions for Review of Decisions of the Court of Appeals Denied.
ZEHRING v. WICKHAM, 8 Kan. App. 2d 65 (1982)
649 P.2d 1246 ROBERT ZEHRING, Appellant, v. GARY WICKHAM and RON WICKHAM d/b/a WICKHAM GLASS COMPANY, A Partnership, Appellees. No. 53,033Court of Appeals of Kansas Opinion filed August 26, 1982 Reversed 232 Kan. 704, 658 P.2d 1004 (1983). SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Statutory Employer. Under K.S.A. 44-503(a), a statutory employer, the […]
MECKE v. BECK, 179 Kan. 770 (1956)
298 P.2d 252 VINCENT P. MECKE, Appellee, v. HAROLD B. BECK, Appellant. No. 40,146Supreme Court of Kansas Opinion filed June 9, 1956. SYLLABUS BY THE COURT LIBEL AND SLANDER — Striking Allegations from Answer. The record examined in an action to recover damages for an alleged libel, and held, the trial court erred in striking […]
STATE v. BROOKS, 222 Kan. 432 (1977)
565 P.2d 241 STATE OF KANSAS, Appellee, v. TERRY B. BROOKS, Appellant. No. 48,496Supreme Court of Kansas Opinion filed June 11, 1977. SYLLABUS BY THE COURT CRIMINAL LAW — Kidnapping and Aggravated Robbery — Intent and Knowledge — Evidence of Prior Offense — Sufficiency of Evidence. In an appeal from a conviction of kidnapping and […]
STATE v. WOOD, 188 Kan. 833 (1961)
365 P.2d 1080 THE STATE OF KANSAS, Appellee, v. LILLIAN P. WOOD, Appellant. No. 42,616Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT CRIMINAL LAW — Mayhem — Failure to Sustain Burden of Proof. Defendant was found guilty and sentenced for the crime of mayhem under G.S. 1949, 21-430, and although […]
MERRYFIELD v. KANSAS DEPT. OF SERVS., 43 Kan. App. 2d 1 (2009)
238 P.3d 743 DUSTIN J. MERRYFIELD, SUTTON R. LOVINGOOD, AND JOHN F. COLT, Appellants, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, et al., Appellees. No. 101,964.[1] Court of Appeals of Kansas. Opinion filed November 13, 2009. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant […]
STATE v. O’NEAL, 256 Kan. 909 (1995)
889 P.2d 128 STATE OF KANSAS, Appellee, v. MICHAEL L. O’NEAL, Appellant. No. 70,727.Supreme Court of Kansas Opinion filed January 27, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Factors That Must Be Considered by Sentencing Court. K.S.A. 21-4606 permits a sentencing court to consider the defendant’s history, character, and condition; the […]
STATE v. MOUNTJOY, 257 Kan. 163 (1995)
891 P.2d 376 STATE OF KANSAS, Appellant, v. SANDRA K. MOUNTJOY a/k/a MORNINGSTAR, DONNA GRIFFITH, and CAROLYN R. ZAK, Appellees. Nos. 70,586; 70,587; 70,588Supreme Court of Kansas Opinion filed March 10, 1995. SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Jurisdiction of Appellate Court. An appellate court has only such jurisdiction as is provided by […]
CITY OF WICHITA v. HANLEY, 91,522 (Kan.App. 12-16-2005)
124 P.3d 521 CITY OF WICHITA v. HANLEY. No. 91,522.Court of Appeals of Kansas. December 16, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.
ELKINS v. SHOWCASE, INC., 237 Kan. 720 (1985)
704 P.2d 977 CHESTER R. ELKINS, Claimant/Appellee, v. SHOWCASE, INC., d/b/a LOFT STEAK HOUSE and SHOWCASE THEATRE, Respondent/Appellant. No. 57,079Supreme Court of Kansas Opinion filed July 26, 1985. SYLLABUS BY THE COURT 1. LABOR — Wage Payment Act — Agency Jurisdiction — Application of Federal Fair Labor Standards Act. The Kansas Department of Human Resources […]
GREEN v. GEER, 239 Kan. 305 (1986)
720 P.2d 656 ERNEST E. GREEN and PHYLLIS K. GREEN, Plaintiffs-Appellees, v. DON GEER, d/b/a CENTURY 21 GEER REAL ESTATE, Defendant-Appellant, JOHN BARNES, Defendant, and PAUL DOLESHAL AND SUSAN DOLESHAL, Defendants-Appellants. No. 56,932Supreme Court of Kansas Opinion filed June 13, 1986. SYLLABUS BY THE COURT 1. REAL PROPERTY — Fraudulent Concealment of Defect in Property […]
IN RE A.J.A., 277 Kan. 924 (2004)
IN RE A.J.A. No. 89,504.Supreme Court of Kansas. March 30, 2004. Reported below Unpublished. Petition for review denied.
JOHN HANCOCK LIFE INS. CO. v. STEELE, 278 Kan. 845 (2004)
JOHN HANCOCK LIFE INS. CO. v. STEELE. No. 90,943.Supreme Court of Kansas. September 15, 2004. Reported below Unpublished. Petition for review denied.
STATE v. KELLY, 21 Kan. App. 2d 114 (1995)
896 P.2d 1101 STATE OF KANSAS, Appellee, v. DANNY LEE KELLY, Appellant. No. 71,631Court of Appeals of Kansas Opinion filed June 9, 1995 Petition for review denied 258 Kan. 861 (1995). SYLLABUS BY THE COURT CRIMINAL LAW — Escape from Custody — Compulsion Defense — Applicability. The compulsion defense to escape from custody does not […]
STATE v. MILES, 280 Kan. 988 (2005)
State v. Miles. No. 92,242.Supreme Court of Kansas. September 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
LONG BELL LUMBER CO. v. JOHNSON, 175 Kan. 112 (1953)
259 P.2d 214 THE LONG BELL LUMBER COMPANY, a Corporation, Plaintiff, v. EVELYN JOHNSON, KERTHA ROBERSON and MOZELLA ROBERSON, husband and wife, T.V. TANKERSLEY and FRANK B. MARKS, doing business as KANSAS COAL MATERIAL CO., ALBERT BUTTERS and LILLIAN BUTTERS, doing business as BUTTERS ELEC. CO., and C.A. ROBERSON, Defendants. EVELYN JOHNSON, Appellant, v. KERTHA […]
STATE v. SHOPTAW, 30 Kan. App. 2d 1059 (2002)
56 P.3d 303 STATE OF KANSAS, Appellee, v. DAROLD R. SHOPTAW, Appellant. No. 87,242Court of Appeals of Kansas Opinion filed: September 20, 2002. Petition for review denied 275 Kan. 968 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Jury Instructions — Unanimity Instruction Not Required under Facts. Given the facts of this case, the […]
KITCHEN v. EMPLOYMENT SECURITY BOARD, 27 Kan. App. 2d 775 (2000)
9 P.3d 575 DAVID E. KITCHEN, et al., Appellants, v. EMPLOYMENT SECURITY BOARD OF REVIEW, Respondent, and GENERAL MOTORS CORPORATION, Appellee. No. 83,860Court of Appeals of Kansas Opinion filed July 21, 2000. Petition for review denied 269 Kan. 933 (2000). SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Agency Interpretation of Statute It Is Required […]
BERGER v. HAHNER, FOREMAN CALE, INC., 211 Kan. 541 (1973)
506 P.2d 1175 MARVIN BERGER, Appellant, v. HAHNER, FOREMAN CALE, INC., and EMPLOYERS FIRE INSURANCE COMPANY, Appellees. No. 46,816Supreme Court of Kansas Opinion filed March 3, 1973. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Injury Arising Out of Employment — Which Injuries Compensable. When a primary injury under the Workmen’s Compensation Act is shown […]
NEELEY v. BD. OF TR, POLICEMEN’S FIREMEN’S RETIR. SYS, 212 Kan. 137 (1973)
510 P.2d 160 HERMAN L. NEELEY, Appellee, v. BOARD OF TRUSTEES, POLICEMEN’S AND FIREMEN’S RETIREMENT SYSTEM, CITY OF WICHITA, Appellant. No. 46,772Supreme Court of Kansas Opinion filed May 12, 1973. SYLLABUS BY THE COURT 1. ADMINISTRATIVE BODIES — Finding of Board that Disability Not Service Connected — No Evidence to Sustain Finding — Direction to […]
GOMEZ v. STATE, 32 Kan. App. 2d xxii (2004)
Gomez v. State. No. 89,939.Court of Appeals of Kansas. March 26, 2004. Appeal from the Finney. Unpublished Opinions Affirmed.
IN RE ESTATE OF RAINS, 249 Kan. 178 (1991)
215 P.2d 61 In the Matter of the Estate of GILBERT R. RAINS, Deceased. No. 65,750Supreme Court of Kansas Opinion filed July 12, 1991. SYLLABUS BY THE COURT 1. PROBATE CODE — Action Pending against Person at Time of Person’s Death — Revival of Action by Substituting Deceased Person’s Estate — Certified Copy of Final […]
NOLD v. BINYON, 272 Kan. 87 (2001)
31 P.3d 274 AUDRA NICHOLE NOLD, a minor, by and through her Parents, Natural Guardians, and Next Friends, Joseph C. Nold and Bonnie B. Nold. Plaintiff/appellee, v. KERNIE W. BINYON, M.D.; ERIC PEKARSKI, D.O.; PHILIP C. JAMES, M.D.; Defendants, and MICHAEL P. BROWN, M.D.; JAMES M. DONNELL, M.D.; SCOTT E. MOSER, M.D.; Defendants/appellants, and HCA […]
STATE v. GOODNOW, 12 Kan. App. 2d 294 (1987)
740 P.2d 113 STATE OF KANSAS, Appellee, v. DARYL S. GOODNOW, Appellant. No. 60,123Court of Appeals of Kansas Opinion filed July 30, 1987 Petition for review denied October 6, 1987. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Aggravated Vehicular Homicide — Specific Statute Controls General Involuntary Manslaughter Statute. When an accused is charged with […]
CRAWFORD MFG. CO. v. STATE COMM. OF REVENUE TAXATION, 180 Kan. 352 (1956)
304 P.2d 504 CRAWFORD MANUFACTURING COMPANY, INC., Appellant, v. STATE COMMISSION OF REVENUE AND TAXATION OF THE STATE OF KANSAS, Appellee. No. 40,230Supreme Court of Kansas Opinion filed December 8, 1956. SYLLABUS BY THE COURT 1. TAXATION — Income Tax — Unitary Business Defined. A multi-state business is a unitary business for income tax purposes […]
MERREL v. RESEARCH DATA, INC., 3 Kan. App. 2d 48 (1979)
589 P.2d 120 LESLIE MERREL, for himself and all others similarly situated, Appellant, v. RESEARCH DATA, INC., et al., Appellees. No. 49,331Court of Appeals of Kansas Opinion filed January 12, 1979 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Giving a Worthless Check — Service Charge Assessed by Business. Where a sign setting forth the […]
STATE v. QUARLES, 13 Kan. App. 2d 51 (1988)
761 P.2d 317 STATE OF KANSAS, Appellee, v. NORMAN WESLEY QUARLES, Appellant. No. 61,461Court of Appeals of Kansas Opinion filed September 16, 1988 Petition for review denied 244 Kan. 740. SYLLABUS BY THE COURT CRIMINAL LAW — Probation Revocation Proceedings — Double Jeopardy Principles Inapplicable to Such Proceedings. Double jeopardy does not apply to probation […]
HARTMAN v. EDMONDSON, 178 Kan. 164 (1955)
283 P.2d 397 TOMMY E. HARTMAN, Petitioner, v. C.A. EDMONDSON, Warden, Kansas State Penitentiary, and the STATE OF KANSAS, et al., Respondents. No. 39,781Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT HABEAS CORPUS — Assertion of Innocence — Duress — Uncorroborated Statements. The record in an original habeas corpus proceeding […]
RAZOOK v. KEMP, 236 Kan. 156 (1984)
690 P.2d 376 JIMMY RAZOOK, Appellant, v. JOHN B. KEMP, Secretary of Transportation of The State of Kansas, Appellee. No. 56,138Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT APPELLATE PROCEDURE — Interlocutory Appeal — Jurisdiction of Appellate Court. An application to file an interlocutory appeal pursuant to K.S.A. 60-2102(b) must […]
STATE v. DURAN, 276 Kan. 971 (2003)
STATE v. DURAN. No. 86,853.Supreme Court of Kansas. June 25, 2003. Reported below Unpublished. Petition for review denied.
IN RE KRAUSHAAR, 268 Kan. 451 (2000)
997 P.2d 81 IN THE MATTER OF STEVEN A. KRAUSHAAR, Respondent. No. 83,263Supreme Court of Kansas Opinion filed January 28, 2000. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — One Year Suspension. Original proceeding in discipline. Opinion filed January 28, 2000. One-year suspension. Edwin A. Van Petten, deputy disciplinary administrator, argued the […]
VON RUDEN v. MILLER, 231 Kan. 1 (1982)
642 P.2d 91 WILLIAM J. VON RUDEN, JR., Appellant, v. ANNABELLE MILLER, Appellee. No. 53,267Supreme Court of Kansas Opinion filed March 5, 1982. SYLLABUS BY THE COURT 1. STATUTES — Construction. It is the court’s duty to uphold the statute under challenge, if possible, rather than to defeat it, and if there is any reasonable […]
SWARTZ v. SWARTZ, 20 Kan. App. 2d 704 (1995)
894 P.2d 209 JUDITH E. SWARTZ, Appellant, v. JAMES M. SWARTZ and PAMELA M. VAN BEEK, Appellees. No. 71,770Court of Appeals of Kansas Opinion filed March 24, 1995 SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTIONS — Persons under Legal Disability Eight-year Limitation in Which to Bring Cause of Action. Pursuant to K.S.A. 60-515(a), a […]
STATE v. SPAULDING, 239 Kan. 439 (1986)
720 P.2d 1047 STATE OF KANSAS, Appellant, v. RUSSELL L. SPAULDING, Appellee. No. 58,658Supreme Court of Kansas Opinion filed June 13, 1986. SYLLABUS BY THE COURT SEARCH AND SEIZURE — Search Warrant Issued by Judge without His Signature — Validity. A search warrant, issued by the trial judge without his signature, which warrant was executed, […]
STATE v. PERRY, 39 Kan. App. 2d 700 (2008)
183 P.3d 12 STATE OF KANSAS, Appellee, v. WAYNE E. PERRY, Appellant. No. 98,574.Court of Appeals of Kansas. Opinion filed May 16, 2008. SYLLABUS BY THE COURTCRIMINAL LAW — Defendant’s Reimbursement of Board of Indigents’ Defense Services Attorney Fees — Effect of Defendant’s Agreement to Pay Portion of Fees as Part of Plea Bargain. Where […]
FRIEDMAN v. ALLIANCE INS. CO., 240 Kan. 229 (1986)
729 P.2d 1160 DAVID M. FRIEDMAN, Appellee, v. ALLIANCE INSURANCE COMPANY, INC., Appellant. No. 57,589Supreme Court of Kansas Opinion filed December 5, 1986. SYLLABUS BY THE COURT 1. INSURANCE — “Resident of Household” Defined. A resident of a household is one who is a member of a family who live under the same roof. Residence […]
STATE v. GOLDSMITH, 32 Kan. App. 2d xxxv (2003)
State v. Goldsmith. No. 90,015.Court of Appeals of Kansas. December 24, 2003. Appeal from the Montgomery. Unpublished Opinions Affirmed.
STATE v. WILLIAMS, 46 Kan. App. 2d 36 (2011)
257 P.3d 849 STATE OF KANSAS, Appellee, v. MARLIN WILLIAMS, Appellant. No. 102,036.Court of Appeals of Kansas. Opinion filed July 8, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Aggravated Trafficking — Statute Not Unconstitutionally Overbroad. K.S.A. 21-3447(a)(2) is not unconstitutionally overbroad. 2. STATUTES — Constitutionality — Vague and Overbroad Statutes Discussed. While a vague […]
ALEXANDER v. CITY OF ARKANSAS CITY, 193 Kan. 575 (1964)
396 P.2d 311 TINEY E. ALEXANDER and SARAH EFFIE ALEXANDER, Appellants, v. THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, Appellee. No. 43,508Supreme Court of Kansas Opinion filed November 7, 1964. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Nuisance — Allegations of Petition Must Comply With Claim. Plaintiffs are bound by the statutory […]
CHRISTOPHER SON v. KANSAS PAINT COLOR CO., 215 Kan. 185 (1974)
523 P.2d 709 GEO C. CHRISTOPHER SON, INC., Appellee, v. KANSAS PAINT COLOR CO., INC., Appellant. No. 47,364Supreme Court of Kansas Opinion filed June 15, 1974. SYLLABUS BY THE COURT 1. SALES — Implied Warranty of Fitness. In an action based on the sale of goods for a particular purpose there is an implied warranty […]
IN RE MARRIAGE OF YOCKERS DOMBROWSKI, 35 Kan. App. 2d xiii (2006)
In re Marriage of Yockers Dombrowski. No. 94,065.Court of Appeals of Kansas. May 19, 2006. Appeal from the Riley. Unpublished Opinions Affirmed.
POSTAL SAVINGS LOAN ASS’N v. FREEL, 10 Kan. App. 2d 286 (1984)
698 P.2d 382 POSTAL SAVINGS LOAN ASSOCIATION, Appellee, v. MARION K. FREEL and CHARLENE A. FREEL, Appellants. No. 56,238[1] Court of Appeals of Kansas Opinion filed December 14, 1984 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated April 11, 1985. SYLLABUS BY […]
RAND v. EDMONDS CONSTRUCTION CO., 186 Kan. 736 (1960)
352 P.2d 1032 BILLY D. RAND and JOYCE IMOGENE RAND, Appellees, v. THE EDMONDS CONSTRUCTION COMPANY, a corporation, Appellant, and H. LEE ZIMMERMAN and ROBERT H. ZIMMERMAN, partners, d/b/a ZIMMERMAN HARDWARE AND SUPPLY COMPANY, Appellees. Nos. 41,722 and 41,958Supreme Court of Kansas Opinion filed June 11, 1960. SYLLABUS BY THE COURT NEGLIGENCE — Negligent Starting […]
EVANGELICAL VILLAGE BIBLE CONF. v. BD. OF CTY. COMMRS, 207 Kan. 383 (1971)
485 P.2d 343 THE EVANGELICAL VILLAGE AND BIBLE CONFERENCE, INC., A Corporation, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, ROBERT R. DAVIS, REX F. PRICE, and VICTOR W. KEARNS, JR., as Commissioners thereof, DONALD J. CURRY, as County Clerk of Johnson County, Kansas, WILLIAM A. BAKER, as County Assessor of Johnson […]
KANSAS MEDICAL MUT. INS. CO. v. SVATY, 291 Kan. 597 (2010)
KANSAS MEDICAL MUTUAL INSURANCE COMPANY, Petitioner, v. THE HONORABLE RON SVATY, Respondent, and JEANETTE ALLEN, Appellee, v. WILLIAM SLATER, M.D., Appellee, and KANSAS MEDICAL MUTUAL INSURANCE COMPANY, Appellant. Nos. 102,075, 102,164.Supreme Court of Kansas. Opinion filed December 10, 2010. SYLLABUS BY THE COURT1. JURISDICTION — Existence — Appellate Review. Whether jurisdiction exists is a question […]
DAN BARROW TRADING CO. v. HUTCHENS, 35 Kan. App. 2d xi (2006)
Dan Barrow Trading Co. v. Hutchens. No. 94,143.Court of Appeals of Kansas. March 31, 2006. Appeal from the Butler. Unpublished Opinions Affirmed.
STATE v. OWENS, 278 Kan. 850 (2004)
STATE v. OWENS. No. 89,979.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
STATE v. MURIITHI, 273 Kan. 952 (2002)
46 P.3d 1145 STATE OF KANSAS, Appellee, v. ANTONY G. MURIITHI, Appellant. No. 87,213Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Withdrawal of Plea of Guilty or Nolo Contendere — Request Based on Ineffective Assistance of Counsel — Defendant’s Burden of Proff Plea. To set aside […]
STATE v. HOBBS, 276 Kan. 44 (2003)
71 P.3d 1140 STATE OF KANSAS, Appellee, v. PATRICK HOBBS, Appellant. No. 88,327.Supreme Court of Kansas. Opinion filed: July 11, 2003. SYLLABUS BY THE COURT1. CRIMINAL LAW — Constitutional Challenge to Criminal Statute — Challenge to Statute Must Be to Actual Application Not to Conceivable Circumstance Not before Court. A defendant to whom a statute […]
STATE v. LAMAS, 284 Kan. 949 (2007)
State v. Lamas. No. 96,050.Supreme Court of Kansas. June 21, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STATE v. HILL, 90,753 (Kan.App. 10-1-2004)
98 P.3d 303 STATE v. HILL. No. 90,753.Court of Appeals of Kansas October 1, 2004. Appeal from the Sedgwick. Decision Without Published Opinion. Affirmed.
DAVIS v. PLUNKETT, 187 Kan. 121 (1960)
353 P.2d 514 LUTIE M. DAVIS and ANN DAVIS MARLOW, Appellees, v. J.W. PLUNKETT, Appellant. No. 41,961Supreme Court of Kansas Opinion filed July 2, 1960. SYLLABUS BY THE COURT 1. MINES AND MINERALS — Meaning of Word “Mineral.” Notwithstanding that in classifying things as animal, vegetable and mineral everything that goes to make up the […]
STATE v. BAUSCH, 29 Kan. App. 2d 649 (2001)
29 P.3d 989 STATE OF KANSAS, Appellee v. HEATHER D. BAUSCH, Appellant. 85,131Court of Appeals of Kansas Opinion filed: August 17, 2001. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Restitution. K.S.A. 2000 Supp. 21-4610(d) is interpreted and applied. 2. SAME — Sentencing — Restitution — Purpose. Restitution is meant to compensate the […]
DEES v. MARION-FLORENCE U.S.D. NO. 408, 36 Kan. App. 2d 768 (2006)
149 P.3d 1 KERRY DEES, Appellant, v. MARION-FLORENCE UNIFIED SCHOOL DISTRICT NO. 408, MARION COUNTY, KANSAS, Appellee. No. 95,321.Court of Appeals of Kansas. Opinion filed September 8, 2006. SYLLABUS BY THE COURT1. SCHOOLS — Reduction in Number of Teachers in School District — No Requirement That Reduction in Force Be on Basis of Seniority. Where […]
IN RE MARRIAGE OF McNEELY, 15 Kan. App. 2d 762 (1991)
815 P.2d 1125 In the Matter of the Marriage of JULIE ANN McNEELY, Appellee, and ROBERT ANDREW McNEELY, Appellant. No. 65,881Court of Appeals of Kansas Opinion filed August 2, 1991 Petition for review denied November 5, 1991. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Child Care Costs — Inclusion of […]
WINN v. WINN, 206 Kan. 737 (1971)
482 P.2d 16 THELMA B. WINN, Appellant, v. GEORGE L. WINN, Appellee. No. 45,915Supreme Court of Kansas Opinion filed March 6, 1971. SYLLABUS BY THE COURT 1. DIVORCE — Division of Property and Alimony — Abuse of Discretion. The judgment of a trial court providing for the division of property and allowance of alimony in […]
STATE v. SAMILTON, 93,039 (Kan.App. 7-8-2005)
114 P.3d 1000 STATE v. SAMILTON. No. 93,039.Court of Appeals of Kansas. July 8, 2005. Appeal from Sedgwick Decision without published opinion. Affirmed in part and dismissed in part.
STATE v. NUNNELEE, 36 Kan. App. 2d xxiii (2006)
State v. Nunnelee. No. 94,501.Court of Appeals of Kansas. August 4, 2006. Appeal from the Harvey. Unpublished Opinions Remanded with directions.
HACKLER v. U.S.D. No. 500, 245 Kan. 295 (1989)
777 P.2d 839 STEPHEN W. HACKLER, a Minor, By and Through His Natural Father and Next Friend, RAYMOND M. HACKLER, Appellant, v. UNIFIED SCHOOL DISTRICT No. 500, OF KANSAS CITY, KANSAS, Appellee. No. 63,136Supreme Court of Kansas Opinion filed July 14, 1989. SYLLABUS BY THE COURT 1. NEGLIGENCE — Actionable Negligence — Existence Is Question […]
FROST v. HARDIN, 1 Kan. App. 2d 464 (1977)
571 P.2d 11 VICTOR FROST and DAVID FROST, Appellants, v. CREIGHTON A. HARDIN, M.D., et al., Appellees. No. 48,518Court of Appeals of Kansas Opinion filed July 22, 1977 Petition for review granted; see 224 Kan. 12. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Res Judicata — Dismissal without Prejudice — No Res Judicata Effect. […]
UNITED AMERICAN ST. BANK v. WILD WEST CHRYSLER PLYMOUTH, 221 Kan. 523 (1977)
561 P.2d 792 UNITED AMERICAN STATE BANK AND TRUST COMPANY, Appellee, v. WILD WEST CHRYSLER PLYMOUTH, INC., Appellant. No. 48,101Supreme Court of Kansas Opinion filed March 5, 1977. SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Breach of Warranty — Course of Performance. The provisions of Article 2 of the Uniform Commercial Code relative […]
CARMICHAEL v. STATE, 18 Kan. App. 2d 435 (1993)
856 P.2d 934 FLOYD CARMICHAEL, Appellant, v. STATE OF KANSAS, Appellee. No. 67,757Court of Appeals of Kansas Opinion filed June 25, 1993 Aff’d in part and rev’d in part 255 Kan. 10, 872 P.2d 240 (1994). SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Issue May Not Be Raised for First Time on Appeal […]
STATE v. LEGERO, 278 Kan. 109 (2004)
91 P.3d 1216 STATE OF KANSAS, Appellee, v. ANTONIO L. LEGERO, Appellant. No. 89,485.Supreme Court of Kansas. Opinion filed June 25, 2004. SYLLABUS BY THE COURT1. STATUTES — Construction — Appellate Review. Interpretation of a statute is a question of law permitting unlimited review. 2. APPELLATE PROCEDURE — Right to Appeal Governed by Statutes. The […]
STATE v. MASON, 284 Kan. 949 (2007)
State v. Mason. No. 95,070.Supreme Court of Kansas. October 1, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
STATE v. DuMARS, 33 Kan. App. 2d 735 (2005)
108 P.3d 448 STATE OF KANSAS, Appellee, v. WENDY DuMARS, Appellant. No. 91,107.Court of Appeals of Kansas. Opinion filed March 25, 2005. Petition for review denied 280 Kan. ___ (September 22, 2005). SYLLABUS BY THE COURT1. CRIMINAL LAW — Hearsay Statements — Admissibility of Inculpatory Statement While Refusing to Admit Exculpatory Statement by Same Declarant […]
GILREATH v. L-M FUNDING, 91,757 (Kan.App. 2-4-2005)
105 P.3d 279 GILREATH v. L-M FUNDING, L.L.C. No. 91,757.Court of Appeals of Kansas February 4, 2005. Appeal from the Johnson. Decision without published opinion. Affirmed.
NEAL v. GLEASON, 188 Kan. 692 (1961)
365 P.2d 1111 WILLIAM NEAL and FRANCES STEWART, Probation Officer, Appellees, v. MARY RUTH (NEAL) GLEASON, Appellant. No. 42,266Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT DIVORCE — Custody of Minor Child — Unfit Parents — Consent to Adoption. Under the provisions of G.S. 1959 Supp., 60-1510, the trial court […]
STATE v. SHIELDS, 35 Kan. App. 2d xx (2006)
State v. Shields. No. 93,842.Court of Appeals of Kansas. May 26, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed in part; remanded with directions.
STATE v. WASSINGER, 36 Kan. App. 2d xxv (2006)
State v. Wassinger. No. 94,975.Court of Appeals of Kansas. October 20, 2006. Appeal from the Butler. Unpublished Opinions Reversed; remanded.
STATE v. BEAUCLAIR, 36 Kan. App. 2d xviii (2006)
State v. Beauclair. No. 91,999.Court of Appeals of Kansas. November 22, 2006. Appeal from the Shawnee. Unpublished Opinions Affirmed.
STATE v. TODD, 275 Kan. 968 (2002)
STATE v. TODD. No. 87,873.Supreme Court of Kansas December 18, 2002. Reported below Unpublished. Petition for review denied.
CUNNINGHAM v. RIVERSIDE HEALTH SYSTEM, INC., 33 Kan. App. 2d 1 (2003)
99 P.3d 133 ROSEMARY A. CUNNINGHAM, Appellant, v. RIVERSIDE HEALTH SYSTEM, INC., Appellee. No. 89,826.Court of Appeals of Kansas. Opinion filed October 31, 2003. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application — Appellate Review. Summary judgment may be granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with […]
CIMAREX v. BD. OF SEWARD, 38 Kan. App. 2d 298 (2007)
164 P.3d 833 CIMAREX ENERGY CO., Appellant, v. SEWARD COUNTY BOARD OF COUNTY COMMISSIONERS, Appellee. No. 96,657.Court of Appeals of Kansas. August 10, 2007. Petition for review denied 285 Kan. 1173 (2007). SYLLABUS BY THE COURT1. ADMINISTRATIVE LAW — Judicial Review of Agency Action — Person Entitled to Review. Under K.S.A. 77-607(a), a person who […]
STATE v. SULLIVAN, 286 Kan. 1185 (2008)
State v. Sullivan. No. 96,638.Supreme Court of Kansas. July 3, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
STATE v. HOUSTON, 35 Kan. App. 2d xvii (2006)
State v. Houston. No. 93,771.Court of Appeals of Kansas. March 31, 2006. Appeal from the Wyandotte. Unpublished Opinions Reversed; remanded with directions.
CITY OF JETMORE v. FINNEY, 230 Kan. 134 (1981)
631 P.2d 236 CITY OF JETMORE, KANSAS, Appellant, v. JOAN FINNEY, AS TREASURER OF THE STATE OF KANSAS, and PATRICK J. HURLEY, AS SECRETARY OF ADMINISTRATION OF THE STATE OF KANSAS, Appellees. No. 52,505Supreme Court of Kansas Opinion filed July 17, 1981. SYLLABUS BY THE COURT CITIES AND MUNICIPALITIES — Social Security for City Employees […]
DRISCOLL v. DRISCOLL, 220 Kan. 225 (1976)
552 P.2d 629 RICHARD O. DRISCOLL, Appellant, v. ROBIN L. (ANDERSON) DRISCOLL, Appellee. No. 47,954Supreme Court of Kansas Opinion filed July 23, 1976. SYLLABUS BY THE COURT 1. MARRIAGE — Common Law Marriage — Requirements Stated. The essential elements of a common law marriage are stated. 2. SAME — Common Law Marriage — Burden of […]
STATE v. BOYKINS, 93,919 (Kan. 12-9-2005)
124 P.3d 86 STATE v. BOYKINS. No. 93,919.Supreme Court of Kansas. December 9, 2005. Appeal from Sedgwick. Decisions Without Published Opinions. Affirmed.
BASS v. STATE, 32 Kan. App. 2d xviii (2003)
Bass v. State. No. 89,753.Court of Appeals of Kansas. December 19, 2003. Appeal from the Sedgwick. Unpublished Opinions Reversed; remanded with directions.
WAMMACK v. ROOT MANUFACTURING CO., 184 Kan. 367 (1959)
336 P.2d 441 MARVIN WAMMACK, Appellant, v. ROOT MANUFACTURING COMPANY, INC., Appellee, BITUMINOUS CASUALTY CORPORATION, Insurance Carrier, Appellee. No. 41,290Supreme Court of Kansas Opinion filed March 7, 1959. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Compensation — Two Scheduled Injuries. Following Rogers v. Board of Public Utilities, 158 Kan. 693, 149 P.2d 632, it is […]
GOVERNMENTAL ETHICS COMM’N v. CAHILL, 225 Kan. 772 (1979)
594 P.2d 1103 GOVERNMENTAL ETHICS COMMISSION, Appellee, v. ROBERT J. CAHILL, Appellant, and MARGARET G. STOLL, Intervenor. No. 50,185Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT 1. EVIDENCE — Self-incrimination — Constitutional Privilege Against. Every natural person has a privilege, which he or she may claim, to refuse to disclose […]
STATE v. VOILES, 226 Kan. 469 (1979)
601 P.2d 1121 STATE OF KANSAS, Appellee, v. BASSETT E. VOILES, Appellant. No. 50,446Supreme Court of Kansas Opinion filed October 27, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Effective Assistance of Counsel. Rules for determining whether a defendant in a criminal action has been denied the effective assistance of counsel reviewed, stated and […]
SMITH v. RUSS, 184 Kan. 773 (1959)
339 P.2d 286 FRANCES J. SMITH, JOHN J. SMITH and BETTY ELLEN GROSS, Appellees, v. EVERETT RUSS, Appellant. No. 41,347Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — When Renewal and Extension Provisions Repugnant — Construction. In an action to eject a tenant where two provisions […]
IN RE JONES, 288 Kan. 618 (2006)
205 P.3d 743 IN THE MATTER OF MICHAEL L. JONES, Respondent. No. 100,616.Supreme Court of Kansas. April 20, 2009. ORDER OF REINSTATEMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Reinstatement. On October 17, 2008, this court suspended the respondent, Michael L. Jones, from the practice of law in Kansas for a period of 6 months. […]
RORK v. BEATTY, 169 Kan. 320 (1950)
219 P.2d 355 OSCAR W. RORK, Appellant, v. L.E. BEATTY, Appellee. No. 37,832Supreme Court of Kansas Opinion filed June 10, 1950. SYLLABUS BY THE COURT 1. NEGLIGENCE — Concurrent Acts of Negligence — Joint and Several Liability. Concurrent acts of negligence on the part of two or more joint tort-feasors create a joint and several […]
BRIDGES v. BENTLEY, 244 Kan. 434 (1989)
769 P.2d 635 MARK A. BRIDGES, Appellee/Cross-Appellant, v. GEORGE W. BENTLEY, deceased, by ICY BENTLEY, Special Administrator, Appellant/Cross-Appellee. No. 61,771Supreme Court of Kansas Opinion filed March 3, 1989. SYLLABUS BY THE COURT 1. NEGLIGENCE — Rescue Doctrine. It is not negligence for a person to risk his life or place himself in a position of […]
EGY v. UNITED STATES FIDELITY GUARANTY CO., 233 Kan. 234 (1983)
661 P.2d 1239 JOHN B. EGY, Appellee, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant. No. 53,096Supreme Court of Kansas Opinion filed April 29, 1983. SYLLABUS BY THE COURT INSURANCE — Conflicting Claims against Insurers of Workers’ Compensation and Automobile Personal Injury Protection — Liability Dependent upon Whether or Not Injured Party was an “Employee” […]
GARDNER v. KOENIG, 188 Kan. 135 (1961)
360 P.2d 1107 TRUE GARDNER, Appellee, v. VICTOR KOENIG and LESTER OBERHELMAN, Appellants. No. 42,145Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT 1. NEGLIGENCE — Action for Injury by Cow — Sufficiency of Petition — Demurrer. A petition is examined seeking damages for personal injuries as a result of the […]
JONES v. CITY OF KANSAS CITY, 176 Kan. 406 (1954)
271 P.2d 803 LINDEL BERTHEL JONES, a Minor of the Age of Nine Years by DORIS JONES, Her Mother as Next Friend, Appellant, v. THE CITY OF KANSAS CITY, KANSAS, a Municipal Corporation and THE BOARD OF EDUCATION OF KANSAS CITY, KANSAS, a Quasi-Municipal Corporation, Appellees. No. 39,267Supreme Court of Kansas Opinion filed June 12, […]
IN RE SCIMECA, 277 Kan. 307 (2004)
84 P.3d 1046 In the Matter of SALVATORE A. SCIMECA, Respondent. No. 80,599.Supreme Court of Kansas. February 27, 2004. ORDER OF REINSTATEMENTATTORNEY AND CLIENT — Disciplinary Hearing — Reinstatement to Practice Law. On July 10, 1998, petitioner Salvatore A. Scimeca was indefinitely suspended from the practice of law in Kansas and ordered to pay the […]
STATE v. McLAUGHLIN, 207 Kan. 594 (1971)
485 P.2d 1360 STATE OF KANSAS, Appellee, v. HENRY D. McLAUGHLIN, Appellant. No. 46,128Supreme Court of Kansas Opinion filed June 12, 1971. SYLLABUS BY THE COURT 1. VENUE — Change of Venue — Burden of Proof. In a criminal action on a motion for change of venue the burden of proof is upon the defendant […]
STONE v. CITY OF LaCYGNE, 276 Kan. 974 (2003)
STATE v. CITY OF LaCYGNE. No. 88,996.Supreme Court of Kansas. June 25, 2003. Reported below Unpublished. Petition for review denied.