Category: Kansas Court Opinions

681 P.2d 15 CENTRAL SECURITY MUTUAL INSURANCE COMPANY, Appellant, v. VICTORIA DePINTO and CINDY DIRKSEN, Appellees, and HESSTON COLLEGE, Intervenor/Appellee. No. 55,290Supreme Court of Kansas Opinion filed April 27, 1984. SYLLABUS BY THE COURT 1. INSURANCE — Construction of Insurance Policy. An insurance policy is a contract. The plain and unambiguous language contained within the […]

443 P.2d 284 THE STATE OF KANSAS, Appellee, v. FLOYD SCHROEDER, a/k/a HENRY FLOYD SCHROEDER, Appellant. No. 45,271Supreme Court of Kansas Opinion filed July 13, 1968. SYLLABUS BY THE COURT PERJURY — Motion to Quash Information — Admissibility of Evidence — Instructions — Refusing Jurors to Testify — Judicial Department Reform Act. In an appeal […]

738 P.2d 458 IN THE MATTER OF THE ESTATE of WILL FLORENCE ROBBINS, Deceased. No. 60,242Supreme Court of Kansas Opinion filed June 12, 1987. SYLLABUS BY THE COURT 1. ESTATES — Heirs — Right to Take as an Heir — Legislative Authorization. The right to take as an heir exists only by grant of the […]

756 P.2d 424 R. ATTEBERRY, et al., Appellees/Cross-appellants, v. ED RITCHIE, Defendant, and BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, Appellant/Cross-appellee. No. 61,066Supreme Court of Kansas Opinion filed June 3, 1988. SYLLABUS BY THE COURT POLICE AND SHERIFFS — Compensation for In-shift Meal Periods. In an action by several present and former Shawnee County sheriff’s […]

988 P.2d 283 TONY F. WALKER, APPELLANT, v. STATE OF KANSAS, APPELLEE. No. 80,898Court of Appeals of Kansas Opinion filed August 27, 1999. SYLLABUS BY THE COURT 1. ATTORNEY FEES — Court Lacks Authority to Assess Attorney Fees under Equitable Powers. A court lacks authority to assess attorney fees under its equitable powers absent statutory […]

689 P.2d 795 ULYSSES BETTS, et al., Appellants/Cross-Appellees, v. GENERAL MOTORS CORPORATION, Appellee/Cross-Appellant. No. 55,827Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT 1. PRODUCTS LIABILITY — Trial — Evidentiary Rulings — Consumer Expectation Test — Bifurcated Trial — Costs. The record is examined in a products liability case and it […]

440 P.2d 585 DOROTHY M. AKIN, Appellant, v. Estate of Gladys Hill, Deceased, Appellee. LINDA A. AKIN, by and through CHARLIE AKIN as her father and next friend, Appellant, v. Estate of Gladys Hill, Deceased, Appellee. KATHLEEN STRAUSS, by and through RALPH H. STRAUSS as her father and next friend, Appellant, v. Estate of Gladys […]

306 P.2d 137 ANNA C. ANDERSON and JO ANN BREWER, Appellees, v. L.W. REXROAD and JAY M. REXROAD, a Co-Partnership, d/b/a L.W. REXROAD AND SON, Appellants. No. 40,219Supreme Court of Kansas Opinion filed January 12, 1957. SYLLABUS BY THE COURT 1. CONTRACTS — Performance or Breach — Alternative Promises and Election. Ordinarily, where the promise […]

545 P.2d 379 STATE OF KANSAS, Appellee, v. PAUL RICHARD LASSLEY, Appellant. No. 48,000Supreme Court of Kansas Opinion filed January 24, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Carrying a Concealed Weapon, a Knife — Constitutes a Complete Offense. Under K.S.A. 21-4201 (1) (b) the intentional carrying of a concealed weapon, such as […]

543 P.2d 923 STATE OF KANSAS, Appellee, v. WILLIAM L. MOORE, JR., Appellant. No. 47,871Supreme Court of Kansas Opinion filed December 13, 1975. SYLLABUS BY THE COURT 1. EVIDENCE — Contemporaneous Objection Rule — Necessity to Object. Our contemporaneous objection rule requires timely and specific objection to the admission of evidence in order for the […]

519 P.2d 612 C.C. BROOKER, C.M. BROOKER and BROOKER SALES, INC., a Corporation, Appellants, v. PAUL K. BROOKER and PAUL BROOKER SALES INTERNATIONAL, INC., a Corporation, Appellees. No. 47,109Supreme Court of Kansas Opinion filed March 2, 1974. SYLLABUS BY THE COURT 1. TRADE NAME — Right to Use Own Name — Right Subject to Restriction. […]

684 P.2d 419 TURON STATE BANK, Appellant, v. WILLIAM R. BOZARTH, Appellee. No. 55,195Supreme Court of Kansas Opinion filed July 13, 1984. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Affirmative Defenses — Equitable Estoppel. Affirmative defenses must be set forth in a responsive pleading or be deemed waived. Equitable estoppel must be specifically pled […]

615 P.2d 836 FRANK E. BRICE-NASH, Appellant, v. ETTA M. BRICE-NASH, Appellee. No. 80-51380-ACourt of Appeals of Kansas Opinion filed August 22, 1980 Petition for review denied 228 Kan. 806. SYLLABUS BY THE COURT 1. DIVORCE — Incapacitated Person Cannot Bring Action. The decision to divorce is a personal one, requiring a voluntary consent and […]

814 P.2d 970 JUDITH ANN GOLAY, Appellee, v. KANSAS STATE BOARD OF NURSING, Appellant. No. 65,950Court of Appeals of Kansas Opinion filed June 28, 1991 SYLLABUS BY THE COURT 1. NURSES — Board of Nursing — Powers of Board Conferred or Implied by Statute. The Kansas State Board of Nursing may exercise only those powers […]

810 P.2d 734 STATE OF KANSAS, Appellant, v. JOHN E. PALMER, ELLIOT M. KAPLAN, and DAVID C. OWEN, Appellees. Nos. 64,875 64,876Supreme Court of Kansas Opinion filed April 17, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Continuing Offense. All criminal offenses, except those considered continuing offenses, are committed when every act which is […]

934 P.2d 141 ARTHUR L. KYBURZ and MARY M. KYBURZ, Appellants, v. WAYNE L. FRANKLIN, SECRETARY OF HUMAN RESOURCES, STATE OF KANSAS, and PAT KETTLER, REGISTER OF DEEDS, SEDGWICK COUNTY, KANSAS, Appellees. No. 74,116[1] Court of Appeals of Kansas Opinion filed January 3, 1997. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme […]

77 P.3d 993 JOHN C. LLOYD, M.D., Appellant, v. QUORUM HEALTH RESOURCES, L.L.C., and TERRY LAMBERT, Appellees. No. 88,451.Court of Appeals of Kansas. Opinion filed March 14, 2003. SYLLABUS BY THE COURT1. PUBLIC HEALTH — Health Care and Peer Review Act — Application. The Health Care and Peer Review Act, K.S.A. 65-4914 et seq., is […]

226 P.2d 849 INA MATHEWS, by her next friend, C.D. MATHEWS, Appellee, v. HERSHEL COOK, Appellant. No. 38,117Supreme Court of Kansas Opinion filed January 27, 1951. SYLLABUS BY THE COURT ASSAULT AND BATTERY — Petition — Sufficiency. A petition in an action for assault and battery must allege the facts constituting the alleged assault and […]

162 P.3d 840 STATE OF KANSAS, Appellee, v. TYSEN HAMPTON, Appellant. No. 96,110. (Petition for review denied 285 Kan. 1176 (2007).Court of Appeals of Kansas. July 27, 2007. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Admission of Evidence — Appellate Review. When considering a claim of error in the admission of evidence, an appellate […]

717 P.2d 526 UNIFIED SCHOOL DISTRICT No. 241, WALLACE COUNTY, KANSAS, Appellee, v. CHARLES SWANSON and UNIFIED SCHOOL DISTRICT No. 241 PROFESSIONAL EMPLOYEES ASSOCIATION, Appellants. No. 58,353Court of Appeals of Kansas Opinion filed April 17, 1986 SYLLABUS BY THE COURT SCHOOLS — Teachers’ Contracts — Refusal of Teacher to Accept Supplemental Teaching Duties — Contract […]

206 P.3d 63 CITIFINANCIAL AUTO, INC., Appellee, v. MIKE’S WRECKER SERVICE, INC., Appellant, and KSU FEDERAL CREDIT UNION and AARON MONIHEN, Defendants. No. 100,272.Court of Appeals of Kansas. Opinion filed: May 1, 2009. SYLLABUS BY THE COURT1. JUDGMENTS — Summary Judgment — Application. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and […]

380 P.2d 373 PAUL MOORE, Petitioner, v. SHERMAN H. CROUSE, Warden, Kansas State Penitentiary, Respondent. No. 43,315Supreme Court of Kansas Opinion filed April 6, 1963. SYLLABUS BY THE COURT HABEAS CORPUS — Correctness of Sentences — Writ Denied. In an original proceeding in habeas corpus, petitioner attempted to show that his three sentences ran concurrently […]

100 P.3d 627 In the Matter of Brad L. KEIL, Respondent. Bar Docket No. 12817.Supreme Court of Kansas November 15, 2004. ORDER Brad L. Keil, an attorney admitted to the practice of law in Kansas, is presently the subject of ten disciplinary complaints pending before the Kansas Board for Discipline of Attorneys. Respondent on November […]

509 P.2d 1137 DAVID RAUSCHER, Appellant, v. ST. BENEDICT’S COLLEGE and EARL G. THIXTON, Appellee. No. 46,705Supreme Court of Kansas Opinion filed May 12, 1973. SYLLABUS BY THE COURT 1. VENUE — Objection Must Be Raised Prior to Trial. An objection to the venue of an action is waived if not raised prior to trial. […]

318 P.2d 387 WATER DISTRICT No. 1 OF JOHNSON COUNTY, in the state of Kansas, Appellee, v. GEORGE ROBB, State Auditor of Kansas, Appellant. No. 40,997Supreme Court of Kansas Opinion filed November 21, 1957. SYLLABUS BY THE COURT 1. STATUTES — Water District — Constitutionality. Laws of 1951, Ch. 240, as amended by Laws of […]

239 P.2d 930 F.C. SHEPARD, Appellee, v. HOWARD KLEIN and JEAN KLEIN, Appellants. No. 38,470Supreme Court of Kansas Opinion filed January 26, 1952. SYLLABUS BY THE COURT LIMITATION OF ACTIONS — Mutual Open Account — Nature of Account — Computing Period of Limitation. Where there is an open, running, mutual account between two persons, each […]

341 P.2d 995 G. DEWEY McCLAY and VERA FREONE HOLLINGER, Administratrix of the Estate of Vera McClay, deceased, Appellees, v. HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant. No. 41,411Supreme Court of Kansas Opinion filed July 10, 1959. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Review of Orders Granting New Trial — Rules […]

697 P.2d 1305 STATE OF KANSAS, Appellant, v. THOMAS DEAN GREEN, Appellee. No. 57,246Supreme Court of Kansas Opinion filed April 5, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Hearing — Determination Required of Presiding Judge. The magistrate conducting a preliminary examination in a criminal case serves a limited function — to determine […]

325 P.2d 316 WALTER KEIMIG, et al, Appellants, v. DRAINAGE DISTRICT No. 15-45 OF ATCHISON AND DONIPHAN COUNTIES, KANSAS, Appellee. STATE OF KANSAS, ex rel. JACK R. EULER (Substituted for ROBERT A. REEDER), County Attorney, Appellant, v. DRAINAGE DISTRICT No. 15-45 OF ATCHISON AND DONIPHAN COUNTIES, KANSAS, Appellee. Nos. 40,794, 40,795Supreme Court of Kansas Opinion […]

189 P.3d 508 RUTHIE M. HALL, Appellant, v. DILLON COMPANIES, INC., Appellee. No. 99,476.Supreme Court of Kansas. Opinion filed July 25, 2008. SYLLABUS OF THE COURT1. WORKERS COMPENSATION — Appeal from Workers Compensation Board — Appellate Review — Review Is Highly Deferential to Factual Conclusions of Board. The standard of review when an appellant challenges […]

875 P.2d 1010 STATE OF KANSAS, Appellee, v. DOUGLAS C. CAMPBELL, JR., Appellant. No. 70,099Court of Appeals of Kansas Opinion filed June 17, 1994 SYLLABUS BY THE COURT 1. MOTOR VEHICLES — Rental Truck Inspection by Highway Patrol — Legality of Inspection. Although there are no specific statutes or regulations authorizing or governing the inspection […]

667 P.2d 902 NORMAN MEARS, Appellant, v. HARTFORD FIRE INSURANCE COMPANY, A Corporation; The Estate of Robert Louis Pedigo, Deceased; and MARVIN D. ORSBORN, d/b/a CHEYENNE COUNTY FARM BUREAU INSURANCE COMPANY, Appellees. No. 54,706Court of Appeals of Kansas Opinion filed August 11, 1983 Petition for review denied November 3, 1983. SYLLABUS BY THE COURT 1. […]

754 P.2d 803 KENNEDY MITCHELL, INC., Appellant, v. ANADARKO PRODUCTION COMPANY, Appellee. No. 61,272Supreme Court of Kansas Opinion filed April 29, 1988. SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction by Appellate Court. The construction of a written instrument is a question of law, and the instrument may be construed and its […]

630 P.2d 709 STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Attorney General, Petitioner, v. JOHN CARLIN, Governor of the State of Kansas, and JACK H. BRIER, Secretary of State of the State of Kansas, Respondents. No. 53,276[1] Supreme Court of Kansas Opinion filed June 23, 1981. [1] REPORTER’S NOTE: The formal opinion of State […]

469 P.2d 341 RURAL GAS, INC. Appellant, v. ALVIN SHEPEK, THE MUNDEN STATE BANK, and NORTH CENTRAL KANSAS PRODUCTION CREDIT ASSOCIATION, Appellees. No. 45,673Supreme Court of Kansas Opinion filed May 9, 1970. SYLLABUS BY THE COURT GARNISHMENTS — Priorities Between Creditors — Funds from Public Sale — Assignment. In a garnishment proceeding involving priorities between […]

113 P.3d 834 JOHNSON v. WESTHOFF SAND CO., INC. No. 92,700.Court of Appeals of Kansas. June 24, 2005. Appeal from Johnson. Decision without published opinion. Affirmed.

548 P.2d 779 WILLIAM F. MARTIN, Appellant, v. R.M. EDWARDS, Appellee, and SIDNEY A. MARTIN (Defendant). No. 47,924Supreme Court of Kansas Opinion filed April 10, 1976. SYLLABUS BY THE COURT 1. OIL AND GAS — Carried Interest and Carrying Interest Discussed and Defined. A carried interest in oil and gas in place results from an […]

496 P.2d 1287 IN RE: CONSERVATORSHIP OF JAMES B. RICHARDS, STATE DEPARTMENT OF SOCIAL WELFARE OF KANSAS, Appellee, v. MILDRED RICHARDS, CONSERVATOR OF ESTATE OF JAMES B. RICHARDS, Appellant. No. 46,360Supreme Court of Kansas Opinion filed May 6, 1972. SYLLABUS BY THE COURT SOCIAL WELFARE — Patient Committed — Incompetent to Stand Trial — Cost […]

317 P.2d 427 In the Matter of the Estate of Rosa Farabi, Deceased. (FRANK J. RONDELLI, Appellant, v. PETE FARABI, et al., Appellees.) No. 40,578Supreme Court of Kansas Opinion filed November 9, 1957. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Appointment of Administrator — Rules Stated and Applied. Rules governing the appointment of […]

920 P.2d 472 RAYMOND I. MYERS III, Claimant/Appellant, v. INDIAN CREEK WOODS TOWNHOMES ASSOCIATION I, Respondent/Appellee, and KANSAS WORKERS COMPENSATION FUND, Appellee. No. 73,990Court of Appeals of Kansas Opinion filed July 26, 1996. SYLLABUS BY THE COURT WORKERS COMPENSATION — Employers Excluded from Act When Minimum Payroll Requirement Not Met — Injured Employee May Not […]

579 P.2d 158 ROSEDALE STATE BANK TRUST COMPANY, Appellee, v. GEORGE L. STRINGER, Appellant. No. 49,283Court of Appeals of Kansas Opinion filed May 19, 1978 SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Parol Evidence to Show Intent of Parties. As between the parties to a negotiable instrument, parol evidence is admissible to show […]

633 P.2d 1174 GEORGE R. WINCHELL, INC., Plaintiff-Appellant, v. JAMES M. NORRIS, Defendant-Appellee, and MERIDIAN MUTUAL INSURANCE CO., Garnishee-Appellee. No. 52,353Court of Appeals of Kansas Opinion filed September 25, 1981 Petition for review denied December 9, 1981. SYLLABUS BY THE COURT 1. INSURANCE — Refusal of Insurer to Defend Action — Wrongful Refusal — Liability […]

681 P.2d 679 STATE OF KANSAS, Appellee, v. EMERY CAMPBELL, Appellant. Nos. 55,783, 56,306 ConsolidatedCourt of Appeals of Kansas Opinion filed May 17, 1984 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence — Constitutionality of Statute. K.S.A. 8-1567, as amended, which proscribes operating a vehicle while “under the influence of alcohol,” is […]

556 P.2d 431 DAVID RUSH, Appellee, v. KING OIL COMPANY, and T. WARREN HALL, Appellants. No. 47,948Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. OIL AND GAS — Implied Covenant to Develop — Duty of Lessee. Under the implied covenant of reasonable development when oil in paying quantities becomes […]

694 P.2d 918 STATE OF KANSAS, Appellee, v. KENNETH R. SAYLES, Appellant. Nos. 57,010, 57,011, 57,012Court of Appeals of Kansas Opinion filed February 7, 1985 SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Mandatory Consecutive Sentences — Application When Defendant’s Second Crime Committed after Conviction but before Sentencing on Previous Crime. In an appeal […]

390 P.2d 27 MIDWEST LUMBER COMPANY, LEE HARDWARE COMPANY and SALINA SUPPLY COMPANY, Appellees, v. CECIL LORIMOR, Defendant, and O.E. BANKS and ROY BANKS, Garnishees, Appellants. No. 43,402Supreme Court of Kansas Opinion filed March 7, 1964. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Notice of Appeal — Adverse Party. An adverse party in […]

520 P.2d 1319 MID-CONTINENT LIFE INSURANCE COMPANY, a corporation, Appellant, v. HENRY’S INC., a Kansas corporation, LEO LEVITT and ISADORE LEVITT, Appellees. No. 47,158Supreme Court of Kansas Opinion filed April 6, 1974. SYLLABUS BY THE COURT 1. LANDLORD AND TENANT — Repairs Required by Governmental Authority. If a lessee does not expressly covenant to repair, […]

931 P.2d 1268 STATE OF KANSAS, Appellee, v. RAYMOND ROTHER, Appellant. Nos. 75,762, 75,763Court of Appeals of Kansas Opinion filed February 7, 1997 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Court Costs — Liability of Defendant for Costs. A defendant shall be liable for court costs upon conviction in a criminal proceeding. K.S.A. 22-3801(a). […]

138 P.3d 398 STATE OF KANSAS, Appellee, v. DENNIS W. THOMPSON, Appellant. No. 94,254.Court of Appeals of Kansas. Opinion filed July 21, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged in a criminal case, the standard of review is whether, after […]

21 P.3d 573 TODD M. GLASER, a minor, by and through his next friends, LELAND and PAGAN GLASER, Appellants, v. EMPORIA UNIFIED SCHOOL DISTRICT NO. 253, BOARD OF EDUCATION; DOUGLAS EPP, in his capacity as an individual and as a representative or employee of Emporia Unified School District No. 253; and PATRICIA GOULD-LIPSON, Appellees. No. […]

382 P.2d 288 LORA HENDREN (now Lora Frost), et al., Appellants, v. KEN-MAR AIRPARK, INC., Appellee. No. 43,290Supreme Court of Kansas Opinion filed June 8, 1963. SYLLABUS BY THE COURT AVIATION — Action for Wrongful Death — Noncontrolled Airport — Evidence Failed to Establish Negligence. The wife and surviving children of a decedent who lost […]

998 P.2d 514 GEORGE SURLS, Appellee, v. SAGINAW QUARRIES, INC., and LIBERTY MUTUAL INSURANCE COMPANY, Appellants, and NEOSHO CONSTRUCTION COMPANY, INC., and ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellees. No. 83,095Court of Appeals of Kansas Opinion filed: February 18, 2000. SYLLABUS BY THE COURT WORKERS COMPENSATION — Second Inquiry — Allocation of Work Disability […]

604 P.2d 79 DENNIS E. MITCHELL, a Minor, by and Through LINDA LOU MITCHELL, His Mother and Next Friend, and DENNIS EDWARD MITCHELL, and LINDA LOU MITCHELL, Individually, Appellants, v. JAMES WILTFONG and LINDA WILTFONG, Appellees. No. 50,434Court of Appeals of Kansas Opinion filed December 28, 1979 SYLLABUS BY THE COURT 1. TORTS — Negligence […]

505 P.2d 732 STATE OF KANSAS, ex rel. VERN MILLER, Attorney General of Kansas, Appellee, v. VERNON D. CLAIBORNE, Appellant. No. 46,951Supreme Court of Kansas Opinion filed January 20, 1973. SYLLABUS BY THE COURT ANIMALS — Cruelty to Animals — Cockfighting — Gamecocks Not Animals — No Statutory Prohibition Against Cockfights — Statute Not Vague. […]

664 P.2d 857 STATE OF KANSAS, Appellant, v. RONALD E. MOURNING, Appellee. No. 55,141Supreme Court of Kansas Opinion filed June 10, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Multiplicitous Charges — Double Jeopardy — Test to Determine Whether Prosecution Should Be Barred. The test to be used in determining whether offenses charged in […]

516 P.2d 954 LESTER ZIEGLER, Appellant, v. JOHN W. CROFOOT and WESTERN ASSOCIATES, INC., a Corporation, Appellees. No. 47,051Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Testimony — Words Defined. K.S.A. 60-456 requires that an expert witness base his testimony upon facts personally perceived by or […]

219 P.3d 1220 In the Matter of RUSSELL E. TLUSCIK, Respondent. No. 102,924.Supreme Court of Kansas. Opinion filed November 25, 2009. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Indefinite Suspension. Original proceeding in discipline. Opinion filed November 25, 2009. Indefinite suspension. Stanton A. Hazlett, disciplinary administrator, argued the cause and Kimberly […]

121 P.3d 1003 STATE v. CHARLES. No. 92,754.Court of Appeals of Kansas. October 28, 2005. Appeal from Douglas. Decision without published opinion. Affirmed in part reversed in part, and remanded.

87 P.3d 989 G.L. MACRAY, Appellee, v. CLUBS, INC., and CHAD WALDROP, Appellants. No. 90,260.Court of Appeals of Kansas. Opinion filed April 16, 2004. SYLLABUS BY THE COURT1. INJUCTIONS — Temporary Restraining Order — Appellate Review. Temporary restraining orders are creatures of statute, and our standard of review is plenary. 2. CIVIL PROCEDURE — Limited […]

339 P.2d 362 LENA MAY ROBERTS, Appellee, v. GRACE B. COOTER and JAMES R. COOTER, Appellants, ROBERT C. MORT and HARRY HARRISON, Defendants. No. 41,398Supreme Court of Kansas Opinion filed May 16, 1959. SYLLABUS BY THE COURT 1. CANCELLATION OF INSTRUMENTS — Contract in Will — Fraud, Duress and Coercion — Proper Parties. In an […]

124 P.3d 521 IN RE MARRIAGE OF MANN. No. 94,034.Court of Appeals of Kansas. December 16, 2005. Appeal from Johnson. Decision without published opinion. Affirmed.

44 P.3d 330 VICTORIA ACOSTA, Plaintiff/Appellee, Claimant/Cross-appellant, v. NATIONAL BEEF PACKING COMPANY, L.P., A/K/A FARMLAND NATIONAL BEEF PACKING COMPANY, L.P., Defendant/Appellant, Respondent/Cross-appellee, and WAUSAU UNDERWRITERS INSURANCE COMPANY, Defendant/Appellant, Cross-appellee. Nos. 86,334, 86,387, 86,525Supreme Court of Kansas Opinion filed: April 19, 2002. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Review and Modification Hearing — Purpose […]

457 P.2d 158 STATE OF KANSAS, Appellee, v. ALAN WADE, Appellant. No. 45,398Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Weight of Evidence — Credibility of Witness — Jury Function. It is the function of the jury, not that of the appellate court, to weigh […]

42 P.3d 207 STATE OF KANSAS, Appellee, v. MICHAEL J. ANTHONY, Appellant. No. 87,373Court of Appeals of Kansas Opinion filed: March 15, 2002. Rev’d 274 Kan. 998, 58 P.3d 742 (2002). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence — Sentencing for Felony DUI — Not a Sentencing Guidelines Sentence. A sentence […]

920 P.2d 414 STATE OF KANSAS, Appellee, v. ANDREW GREEN, JR., Appellant. No. 74,199Supreme Court of Kansas Opinion filed July 12, 1996 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Preliminary Examination — Purpose. The purpose of a preliminary examination is to afford the person arrested, as the result of a complaint, an opportunity to […]

551 P.2d 773 In re: JON KENT LOWE, voluntary surrender of his certificate to practice law in the State of Kansas. No. 47,881 (Bar Docket No. 7442)Supreme Court of Kansas May 2, 1975 Order cancelling certificate filed May 2, 1975. Per Curiam: On May 2, 1975, JON KENT LOWE voluntarily surrendered his certificate admitting him […]

373 P.2d 153 FRED CARP, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, et al., Appellees. No. 42,839Supreme Court of Kansas Opinion filed July 7, 1962. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Zoning — Statutes Strictly Construed. Authority granted to municipal corporations is strictly construed and the rule applies […]

873 P.2d 1355 STATE OF KANSAS, Appellant, v. ROBERT EUGENE HOOD, Appellee. No. 70,084Supreme Court of Kansas Opinion filed April 22, 1994. SYLLABUS BY THE COURT 1. SECURITIES — Investment Contract — Determination of Existence of Investment Contract. The test to be applied in determining whether or not a particular financial transaction constitutes an investment […]

508 P.2d 975 PAUL J. FOLEY and ART LOOMIS, a partnership d/b/a Foley-Loomis Oil Co., Appellants, v. L.E. PHILLIPS, JR., J.E. MORRIS, and W.H. REX, Appellees. No. 46,648Supreme Court of Kansas Opinion filed April 7, 1973. SYLLABUS BY THE COURT 1. JOINT ADVENTURES — Oil and Gas Ventures — Relationship One of Trust and Confidence […]

250 P.2d 781 In the Matter of the Estate of J.C. Bergner, Deceased, and In the Matter of the Estate of Margaret Bergner, Deceased. CLAUS BERGNER, JOHN BERGNER, JR., MARGARET OLIVE PAGE and MINNIE MARIE BULLARD, Appellants, v. CHRISTIAN G. BERGNER and THE PEOPLES STATE BANK, PRATT, KANSAS, Co-Executors of the Last Will and Testament […]

710 P.2d 676 STATE OF KANSAS, Appellee, v. JACQUELINE L. OSBEY, Appellant. No. 57,580Supreme Court of Kansas Opinion filed December 6, 1985. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Retroactive Application of Overruling Decision of Appellate Court. An overruling decision should be applied retroactively to all similar cases pending at the time the […]

127 P.3d 998 STATE OF KANSAS, Appellee, v. CHASITY L. BOYD, Appellant. No. 91,980.Supreme Court of Kansas. Opinion filed February 10, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Severance of Codefendants’ Trials — Trial Court Discretion — Appellate Review. The decision whether to grant a defendant’s motion for severance lies within the sound discretion […]

512 P.2d 99 SAMUEL E. MUNN and ESTHER M. MUNN, Appellees, v. ALBERT F. BRAMBLE and SADIE E. BRAMBLE, Appellants, HARVEY E. DOUD, Cross-Appellant. No. 46,858Supreme Court of Kansas Opinion filed July 14, 1973. SYLLABUS BY THE COURT 1. SPECIFIC PERFORMANCE — Exchange of Real Estate — Failure to Establish Fraudulent Misrepresentations Supported by Evidence […]

878 P.2d 845 STATE OF KANSAS, Appellee, v. HERBERT JONES, Appellant. No. 70,617Court of Appeals of Kansas Opinion filed August 5, 1994 Petition for review denied 255 Kan. 1005 (1994). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Kansas Sentencing Guidelines Act — Retroactive Application of Act. The Kansas Legislature, in enacting the Kansas Sentencing […]

232 P.2d 607 FRED R. CUDDY and BLANCHE M. CUDDY, the father and mother and next of kin of Geraldine Cuddy, deceased, Appellees, v. C.L. TYRRELL and VIVIAN MAY TYRRELL, doing business as C.L. TYRRELL OIL FIELD TRUCKING COMPANY and TRI-STATE INSURANCE COMPANY, Appellants. No. 38,143Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS […]

138 P.3d 1259 STATE OF KANSAS, Appellee, v. ALLAN L. TRYON, Appellant. No. 94,563.Court of Appeals of Kansas. Opinion filed July 28, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jurisdiction — Appellate Review. Jurisdiction is a question of law over which this court has unlimited review. 2. APPELLATE PROCEDURE — Right to Appeal […]