STATE v. RICHMOND, 30 Kan. App. 2d 1008 (2002)

52 P.3d 915 STATE OF KANSAS, APPELLANT, v. ROBIN RICHMOND, APPELLEE. No. 88,157Court of Appeals of Kansas Opinion filed: August 30, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. On appeal, appellate courts ordinarily give great deference to the trial court’s factual findings on suppression issues, but the […]

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SMITH v. LaFORGE, 173 Kan. 70 (1952)

244 P.2d 211 HARRY SMITH, doing business as PARSONS LIVESTOCK COMMISSION COMPANY, Appellee, v. GUSSIE LAFORGE, HARVEY MAXWELL, doing business as MIDWEST LIVESTOCK COMMISSION COMPANY, and NEW YORK CASUALTY COMPANY, Appellants. HARRY SMITH, doing business as PARSONS LIVESTOCK COMMISSION COMPANY, Appellee, v. GUSSIE LAFORGE and NEW AMSTERDAM CASUALTY COMPANY, a Corporation, Appellants. Nos. 38,639, 38,640Supreme […]

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RINEHART v. NORTHERN NATURAL GAS CO., 25 Kan. App. 2d 649 (1998)

967 P.2d 1090 MARK RINEHART, Appellant, v. NORTHERN NATURAL GAS COMPANY, Appellee. No. 78,744Court of Appeals of Kansas Opinion filed November 20, 1998. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application. Rules for granting summary judgment are stated and applied. 2. CONTRACTS — Written Contract — Construction. Rules for interpreting written documents are stated […]

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STATE EX REL. COMM’N ON JUDICIAL QUALIFICATIONS v. ROME, 229 Kan. 195 (1981)

623 P.2d 1307 STATE OF KANSAS ex rel. COMMISSION ON JUDICIAL QUALIFICATIONS, Petitioner, v. RICHARD J. ROME, Respondent. No. 52,241Supreme Court of Kansas Opinion filed February 10, 1981. SYLLABUS BY THE COURT JUDGES — Disciplinary Proceeding — Violation of Canons of Judicial Conduct — Removal from Office. The record in an inquiry relating to judicial […]

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ANDERSON v. COOPER, 192 Kan. 723 (1964)

391 P.2d 86 ERIC H. ANDERSON, Appellant, v. W.E. COOPER, Appellee. No. 43,539Supreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT NEGLIGENCE — Injury to Farm Laborer — Operating Ensilage Cutter — Assumption of Risk — Contributory Negligence. In an action for personal injuries suffered by a farm employee in the […]

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LIPS v. EGAN, 178 Kan. 378 (1955)

285 P.2d 767 L.J. LIPS, Appellant, v. LEE M. EGAN, Appellee. No. 39,822Supreme Court of Kansas Opinion filed July 6, 1955. SYLLABUS BY THE COURT 1. BILLS AND NOTES — Promissory Note — When Action Accrues. An action on a promissory note accrues or arises upon failure or default on the part of payor to […]

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STATE v. LAUBENGAYER, 233 Kan. 1023 (1983)

666 P.2d 727 STATE OF KANSAS, Petitioner, v. ROBERT E. LAUBENGAYER, Respondent. No. 55,618Supreme Court of Kansas July 15, 1983 ORDER OF PUBLIC CENSURE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. On April 21, 1983, a panel of the Board for Discipline of Attorneys filed its report with the Clerk of the Appellate […]

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CITY OF DERBY v. HIEGERT, 183 Kan. 68 (1958)

325 P.2d 25 THE CITY OF DERBY, KANSAS, Appellant, v. BETTY HIEGERT, Appellee. No. 40,905Supreme Court of Kansas Opinion filed May 10, 1958. SYLLABUS BY THE COURT 1. MUNICIPAL CORPORATIONS — Ordinance — Penal Provisions Discriminatory — Validity. Where an ordinance imposes penalties, it cannot make a particular act penal when done by one person […]

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KRASHIN v. KANSAS EMPLOYMENT SEC. BD. OF REVIEW, 6 Kan. App. 2d 103 (1981)

626 P.2d 1221 PHILLIP KRASHIN, Appellant, v. THE KANSAS EMPLOYMENT SECURITY BOARD OF REVIEW, Appellee. No. 51,929Court of Appeals of Kansas Opinion filed April 24, 1981 SYLLABUS BY THE COURT 1. EMPLOYMENT SECURITY LAW — Board of Review — Findings of Fact — Requirements. The Kansas Employment Security Board of Review is required by K.S.A. […]

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WEIGHT WATCHERS, GREATER WICHITA v. SECY. OF HUMAN RES, 225 Kan. 534 (1979)

592 P.2d 887 WEIGHT WATCHERS OF GREATER WICHITA, INC., Appellant, v. SECRETARY OF HUMAN RESOURCES, and EMPLOYMENT SECURITY BOARD OF REVIEW, Appellees. No. 49,888Supreme Court of Kansas Opinion filed March 31, 1979. SYLLABUS BY THE COURT UNEMPLOYMENT COMPENSATION — “Regular Part-time Employment” Construed. The term “regular part-time employment” as used in K.S.A. 1976 Supp. 44-710(c) […]

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SOLIS v. BROOKOVER RANCH FEEDYARD, INC., 268 Kan. 750 (2000)

999 P.2d 921 JUVENTINO SOLIS, Appellee, v. BROOKOVER RANCH FEEDYARD, INC., Respondent, and UNITED STATES FIDELITY GUARANTY COMPANY/THE HARTFORD, Appellant, and KANSAS LIVESTOCK ASSOCIATION INSURANCE, Appellee. No. 82,298Supreme Court of Kansas Opinion filed: March 10, 2000. SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Workers Compensation Board’s Review of Administrative Law Judge’s Decision — Scope […]

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STATE v. BETTS, 214 Kan. 271 (1974)

519 P.2d 655 STATE OF KANSAS, Appellee, v. PAUL DALTON BETTS, Appellant. No. 47,246Supreme Court of Kansas Opinion filed March 2, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence on Appeal — Basis for Reasonable Inference of Guilt. In a criminal case the test of the sufficiency of evidence on appeal […]

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MITCHELL v. MITCHELL, 171 Kan. 390 (1951)

233 P.2d 517 SYLVIA J. MITCHELL, Appellee, v. JEFFERSON W. MITCHELL, Appellant. No. 38,296Supreme Court of Kansas Opinion filed July 3, 1951. SYLLABUS BY THE COURT DIVORCE — Decree — Conclusiveness. In an action to enforce the terms of a contract entered into by husband and wife in contemplation of a divorce, where the plaintiff […]

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DOUBLE S v. NORTHWEST KANSAS PROD. CRED. ASS’N, 17 Kan. App. 2d 740 (1992)

843 P.2d 741 DOUBLE S, INC., Appellee, v. NORTHWEST KANSAS PRODUCTION CREDIT ASSOCIATION, Appellant. No. 67,818Court of Appeals of Kansas Opinion filed December 18, 1992 SYLLABUS BY THE COURT 1. LIENS — Personal Property Lien for Materials and Services — Lien Claimant Must File Statement under Oath with Register of Deeds — Statement under Oath […]

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FITZWATER v. BOEING AIRPLANE CO., 181 Kan. 158 (1957)

309 P.2d 681 GEORGE OTTO FITZWATER, Appellant, v. BOEING AIRPLANE COMPANY and LIBERTY MUTUAL INSURANCE COMPANY, Appellees. No. 40,544Supreme Court of Kansas Opinion filed April 6, 1957. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Extent of Appellate Jurisdiction. The jurisdiction of the Supreme Court on appeal taken from the judgment of the district court […]

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STATE v. BUTLER, 257 Kan. 1110 (1996)

916 P.2d 1 STATE OF KANSAS, Appellee, v. JOEL D. BUTLER, Appellant. No. 71,189Supreme Court of Kansas Opinion filed March 21, 1996 MODIFICATION OF OPINION SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Confrontation Clause — Admissibility of Extrajudicial Statement of Codefendant. The Confrontation Clause of the Sixth Amendment, applicable to the states through the […]

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STATE v. GRIFFIN, 217 Kan. 703 (1975)

538 P.2d 720 STATE OF KANSAS, Appellee, v. DONALD O’NEAL GRIFFIN, Appellant. No. 47,756Supreme Court of Kansas Opinion filed July 17, 1975. MEMORANDUM OPINION CRIMINAL LAW — Aggravated Robbery — Search of Automobile — On the Scene Identification. Appeal from Reno district court, division No. 1; WILLIAM A. GOSSAGE, judge. Opinion filed July 17, 1975. […]

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STATE v. GUHL, 3 Kan. App. 2d 59 (1979)

588 P.2d 957 STATE OF KANSAS, Appellee, v. DONALD WILLIAM GUHL, Appellant. No. 50,114Court of Appeals of Kansas Opinion filed January 12, 1979 Petition for review denied 225 Kan. 846. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Hearsay Exceptions — Business Records from Outside Source. Business records or correspondence received by a probation department […]

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CITY OF LENEXA v. C.L. FAIRLEY CONSTR. CO., INC., 15 Kan. App. 2d 207 (1991)

805 P.2d 507 CITY OF LENEXA, KANSAS, Appellee, v. C.L. FAIRLEY CONSTRUCTION COMPANY, INC., Appellant. No. 65,231Court of Appeals of Kansas Opinion filed February 1, 1991 Petition for reviewed denied April 23, 1991. SYLLABUS BY THE COURT 1. ARBITRATION — Award Validity — Grounds for Vacating Award. An arbitrator’s award is presumed valid unless one […]

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STATE v. HARPER, 246 Kan. 14 (1990)

785 P.2d 1341 STATE OF KANSAS, Appellee, v. BOBBY G. HARPER, Appellant. No. 62,196Supreme Court of Kansas Opinion filed January 19, 1990. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Burglary — Unauthorized Entry of Employee to Employer’s Business Premises Not Proven under Facts of Case. In a prosecution for burglary, where the defendant, as […]

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HELMSTETTER v. MIDWEST GRAIN PRODUCTS, 29 Kan. App. 2d 278 (2001)

28 P.3d 398 THOMAS E. HELMSTETTER, Appellee, v. MIDWEST GRAIN PRODUCTS, INC., Appellant. No. 84,437[1] Court of Appeals of Kansas Opinion filed: February 16, 2001. [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated May 1, 2001, pursuant to Rule 7.04 (1999 Kan. […]

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RAMSEY v. HAND, 185 Kan. 350 (1959)

343 P.2d 225 ROY RAMSEY, Appellee, v. TRACY A. HAND, Warden of the Kansas State Penitentiary, Appellant. No. 41,409Supreme Court of Kansas Opinion filed August 3, 1959. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rights of Accused — Right to Counsel — Function of Trial Court. When any person about to be arraigned upon […]

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BARNES v. HILTON, 178 Kan. 645 (1955)

290 P.2d 1024 ESTHER G. BARNES, Appellee, v. E.M. HILTON, Appellant. No. 39,914Supreme Court of Kansas Opinion filed December 10, 1955. SYLLABUS BY THE COURT 1. NEW TRIAL — Grounds — Newly Discovered Evidence — Production at Hearing. When one of the grounds of a motion for a new trial is newly discovered evidence that […]

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SCHUYLER v. ROBERTS, 36 Kan. App. 2d 388 (2006)

139 P.3d 781 LEO F. SCHUYLER, Appellant, v. RAYMOND “RAY” N. ROBERTS, JR., Appellee. No. 95,482.Court of Appeals of Kansas. Opinion filed August 4, 2006. SYLLABUS BY THE COURT1. HABEAS CORPUS — Petition Must Allege Shocking and Intolerable Conduct or Continuing Mistreatment of Constitutional Nature to Avoid Summary Dismissal. Proceedings on a petition for writ […]

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REEDY v. REEDY, 175 Kan. 438 (1953)

264 P.2d 913 JAMES HAROLD REEDY, Appellant, v. KATHLEEN R. REEDY, Appellee. No. 39,124Supreme Court of Kansas Opinion filed December 12, 1953. SYLLABUS BY THE COURT 1. DIVORCE — Division of Property — Judicial Discretion. Under the provisions of G.S. 1949, 60-1511, when a husband is granted a divorce by reason of the fault or […]

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IN RE FRAHM, 292 Kan. 366 (2011)

253 P.3d 340 In the Matter of CHARLES T. FRAHM, Petitioner. No. 103,535.Supreme Court of Kansas. June 22, 2011. ORDER OF REINSTATEMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Reinstatement. On November 19, 2010, this court suspended the petitioner, Charles T. Frahm, from the practice of law in Kansas for a period of 3 years. See […]

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IN RE BLACK, 249 Kan. 211 (1991)

814 P.2d 447 In the Matter of CARL S. BLACK, Respondent. No. 66,149Supreme Court of Kansas Opinion filed July 12, 1991. ORIGINAL PROCEEDING IN DISCIPLINE ATTORNEY AND CLIENT — Disciplinary Proceeding — Public Censure. Original proceeding in discipline. Opinion filed July 12, 1991. Public censure. Paula B. Martin, deputy disciplinary administrator, argued the cause, and […]

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HAYS v. MOSCOW ALFALFA PRODUCTS, INC., 217 Kan. 184 (1975)

535 P.2d 461 LARRY HAYS, Appellee, v. MOSCOW ALFALFA PRODUCTS, INC., Appellant. No. 47,677Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT TRIAL — Evidence of Theory of Case — Instruction Necessary. Where there is evidence in support of a party’s theory of a case, he is entitled to an instruction […]

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WEST v. CITY OF GARDEN CITY, 214 Kan. 473 (1974)

520 P.2d 1290 DUANE E. WEST and ORVILETA M. WEST, husband and wife; EMMA LEAH LaGESSE; EDWARD TOMCHAK and FRANCES TOMCHAK, husband and wife; GLADYS PAASCH and NAVRAT’S OF GARDEN CITY, INC., a Kansas Corporation, Appellees, v. THE CITY COMMISSION OF THE CITY OF GARDEN CITY, KANSAS and JAMES STEWARD, CHARLES COLLINS, D.C. GARCIA, D. […]

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STATE v. PALMA, 35 Kan. App. 2d 116 (2006)

128 P.3d 999 STATE OF KANSAS, Appellant, v. JOSE RAMON CARBAJAL PALMA, Appellee. No. 93,790.Court of Appeals of Kansas. Opinion filed February 24, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Arrest Warrant — Statutes and Case Law Construed. K.S.A. 22-2202(20); K.S.A. 22-2302(1); K.S.A. 22-2304; K.S.A. 2005 Supp. 22-2401(c)(1); and State v. Overton, 279 Kan. […]

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IN RE MARRIAGE OF DAY, 31 Kan. App. 2d 746 (2003)

74 P.3d 46 In the Matter of the Marriage of BONNY JEAN DAY, Appellee, and ROBERT ALLEN DAY, Appellant, and M. DARLENE DAY and DAY FARMS PARTNERSHIP, Third-Party Respondents/Appellees. No. 88,955.Court of Appeals of Kansas. Opinion filed July 18, 2003. SYLLABUS BY THE COURTDIVORCE — Life Insurance Requirement Abuse of Discretion under Facts — Division […]

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BRENNER v. OPPENHEIMER CO. INC., 273 Kan. 525 (2002)

44 P.3d 364 DANIEL BRENNER and ROGER KLEIN, Appellants, v. OPPENHEIMER CO. INC., Appellees. No. 87,452Supreme Court of Kansas Opinion filed: April 19, 2002. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, […]

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STATE v. NELSON, 249 Kan. 689 (1991)

822 P.2d 53 STATE OF KANSAS, Appellant, v. BRYAN E. NELSON, Appellee. No. 65,870Supreme Court of Kansas Opinion filed December 6, 1991. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Outrageous Government Conduct — Dismissal of Criminal Complaint — Appellate Review. Dismissal of a criminal complaint by a trial court upon the due process grounds […]

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HARRISON v. TAUHEED, 292 Kan. 663 (2011)

MONICA HARRISON, now Mitchell, Next Friend and Natural Guardian of J.D.H., a Minor Child, Appellee, v. ADIEL TAUHEED, Appellant. No. 102,214.Supreme Court of Kansas. Opinion filed August 5, 2011. SYLLABUS BY THE COURT1. PARENT AND CHILD — Custody — Best Interests of Child — Appellate Review. When an initial custody issue lies only between the […]

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WEBB v. POMEROY, 8 Kan. App. 2d 246 (1982)

655 P.2d 465 FRANK E. WEBB and NORMA WEBB, Appellants, v. CHARLES P. POMEROY and EMERSON POMEROY, Appellees. No. 53,788Court of Appeals of Kansas Opinion filed December 16, 1982 Petition for review denied 232 Kan. 876 (1983). SYLLABUS BY THE COURT 1. ATTORNEY AND CLIENT — Malpractice in Handling Litigation — Proof Required. In order […]

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SAMMONS v. SIMMONS, 267 Kan. 155 (1999)

976 P.2d 505 GARRY L. SAMMONS, Appellant, v. CHARLES E. SIMMONS, et al., Appellees. No. 80,521Supreme Court of Kansas Opinion Filed April 16, 1999. SYLLABUS BY THE COURT 1. PENAL INSTITUTIONS — Inmate’s Disciplinary Sentence — Claim of Atypical Hardship — Due Process — Appellate Review. Kansas courts will not review an inmate’s claim that […]

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MOONEY v. HARRISON, 199 Kan. 162 (1967)

427 P.2d 457 RAY MOONEY, Appellee, v. EDDIE HARRISON, d/b/a EDD’S LEASE SERVICE and WESTERN CASUALTY SURETY COMPANY, Appellants. No. 44,906Supreme Court of Kansas Opinion filed May 13, 1967. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Loss of Earning Capacity — Basis for Compensation. The correct standard for determining the loss in earning capacity […]

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LEGLEITER v. GOTTSCHALK, 32 Kan. App. 2d 910 (2004)

91 P.3d 1246 BRENT LEGLEITER, Appellant, v. KENNETH GOTTSCHALK d/b/a BRASS RAIL TAVERN, Appellee. No. 91,191.Court of Appeals of Kansas. Opinion filed June 25, 2004. Petition for review denied 278 Kan. 846 (2004). SYLLABUS BY THE COURTTORTS — Business Owners Not Liable for Injuries to Customers from Acts of Third Parties Outside of Business Premises. […]

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MAY v. MAY, 6 Kan. App. 2d 24 (1981)

626 P.2d 801 PAMELA A. MAY, Plaintiff-Appellant, v. WILLIAM LEE MAY, Defendant-Appellee. No. 51,524Court of Appeals of Kansas Opinion filed April 17, 1981 SYLLABUS BY THE COURT DIVORCE — Restoration of Wife’s Maiden Name. In any case where the marital relationship existing between the parties is dissolved by divorce or annulment, the restoration of the […]

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BELL v. CITY OF TOPEKA, 224 Kan. 147 (1978)

577 P.2d 1193 REX K. BELL, et al., Appellee, v. CITY OF TOPEKA, et al., Appellants. No. 49,299Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT CITIES AND MUNICIPALITIES — Street Improvement Project — Assessment of Costs — Assessment of Interest on Temporary Notes. In the second appeal in an action […]

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T.S.I. HOLDINGS, INC. v. JENKINS, 260 Kan. 703 (1996)

924 P.2d 1239 T.S.I. HOLDINGS, INC., Plaintiff/Appellee/Cross-Appellant, v. LAWRENCE S. JENKINS and ROGER W. HOOD, M.D., Defendants/Counterclaim Plaintiffs/Appellants/Cross-Appellees, v. T.S.I. HOLDINGS, INC., AMERITANK, INC., GARSITE/TSR, INC., T.S.I. REFUELERS, INC., HEWITT HOSE, INC. USA, NATIONAL REFUELER LEASING CORP., NEW PROGRESS INC., TRI-STATE TANK CORPORATION, TRI-STATE TANK WEST, INC., MELVYN PAUL, MARCIA PAUL, PHILLIP HODES AND BARBARA […]

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SAROFF v. HAUN, 28 Kan. App. 2d 471 (2001)

17 P.3d 943 DEBORAH A. SAROFF, f/k/a DEBORAH A. HAUN, Appellant, v. RUDY T. HAUN, Appellee. No. 85,457Court of Appeals of Kansas Opinion filed: January 5, 2001. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Construction of Written Instrument — Appellate Review. Construction of a written instrument and statutory interpretation are questions of law […]

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STATE v. HARRIS, 27 Kan. App. 2d 41 (2000)

998 P.2d 524 STATE OF KANSAS, Appellee, v. ROSCOE HARRIS, Appellant. No. 80,228Court of Appeals of Kansas Opinion filed: February 18, 2000. SYLLABUS BY THE COURT 1. 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 […]

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BECKER v. KNOLL, 40 Kan. App. 2d 1049 (2008)

199 P.3d 786 JAMES BECKER and NORMAN BECKER, Appellants, v. HAROLD KNOLL, Appellee. No. 99,548.Court of Appeals of Kansas. Opinion filed December 24, 2008. SYLLABUS BY THE COURT1. FIDUCIARY RELATIONSHIPS — Breach of Fiduciary Duties — Claim of Improper Self-dealing — Plaintiff’s Burden of Proof — Appellate Review. A plaintiff claiming that the defendant breached […]

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STATE v. FOSTER, 46 Kan. App. 2d 233 (2011)

STATE OF KANSAS, Appellee, v. STEPHEN BERNARD FOSTER, Appellant. No. 104,083.Court of Appeals of Kansas. Opinion filed August 26, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Forgery — Making, Altering, or Endorsing Fraudulent Written Instrument. The “making, altering or endorsing” of a fraudulent written instrument as set forth in K.S.A. 21-3710(a)(1) each represent the […]

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IN RE WILSON, 260 Kan. 207 (1996)

917 P.2d 420 In the Matter of MICHAEL D. WILSON, Respondent. Bar Docket No. 06975Supreme Court of Kansas Opinion filed June 6, 1996. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated May 7, 1996, to the Clerk of the Appellate Courts, respondent Michael D. Wilson, of Wichita, an […]

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HOWE v. MOHL, 168 Kan. 445 (1950)

214 P.2d 298 ALICE HOWE, formerly Alice Fowler, and DONALD RAY FOWLER, a minor; JOHN DANIELS FOWLER, a minor, and LUCILE FOWLER, a minor, by ALICE HOWE, formerly Alice Fowler, mother and natural guardian and next friend of each of said minors, Appellants, v. LAWRENCE B. MOHL and COMMERCIAL STANDARD INSURANCE COMPANY, Appellees. No. 37,651Supreme […]

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IN RE RUTHER, 289 Kan. 1130 (2009)

220 P.3d 369 In the Matter of SCOTT L. RUTHER, Respondent. Bar Docket No. 12373.Supreme Court of Kansas. December 1, 2009. ORDER OF DISBARMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter signed on November 20, 2009, addressed to the Clerk of the Appellate Courts, respondent Scott L. Ruther of Lenexa, Kansas, an […]

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ANDERSON v. DILLARD’s, INC., 283 Kan. 432 (2007)

DAVID ANDERSON, Plaintiff-Appellee, v. DILLARD’S, INC., Defendant-Appellant, and RODNEY A. COLE, Defendant. No. 94,334.Supreme Court of Kansas. Opinion filed March 16, 2007. SYLLABUS BY THE COURT1. ARBITRATION — Denial of Motion to Arbitrate — Appealable Order. The denial of a motion to arbitrate is a final and appealable order. 2. SAME — Arbitrator’s Power Originates […]

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SWEETSER v. SWEETSER, 7 Kan. App. 2d 463 (1982)

643 P.2d 1150 SHELA J. SWEETSER, (JOYCE V. JACKSON, Intervenor) Appellee, v. MICHAEL H. SWEETSER, Appellant. No. 53,411Court of Appeals of Kansas Opinion filed April 29, 1982 SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Due Process — Right to Adequate Notice in Judicial Proceedings. The right to adequate notice in judicial proceedings is a […]

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HAMPTON v. STATE HIGHWAY COMMISSION, 209 Kan. 565 (1972)

498 P.2d 236 WARREN E. HAMPTON by and through THOMAS E. HAMPTON, JR., his father and next friend, and THOMAS E. HAMPTON, JR., Appellees, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellant. No. 46,376Supreme Court of Kansas Opinion filed June 10, 1972. SYLLABUS BY THE COURT 1. HIGHWAYS — Defect — Question of Law — When […]

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SCHRODER v. KANSAS STATE HIGHWAY COMMISSION, 199 Kan. 175 (1967)

428 P.2d 814 DONALD L. SCHRODER, Guardian of LORETTA SCHRODER, an insane person, Appellee, v. KANSAS STATE HIGHWAY COMMISSION, Appellant. No. 44,636Supreme Court of Kansas Opinion filed June 10, 1967. SYLLABUS BY THE COURT HIGHWAYS — Defect in Highway Question for Jury — Instructions. The record in an action to recover damages for personal injuries […]

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STATE v. MONTGOMERY, 175 Kan. 176 (1953)

261 P.2d 1009 THE STATE OF KANSAS, Appellee, v. L.J. MONTGOMERY, Appellant. No. 39,054Supreme Court of Kansas Opinion filed October 10, 1953. SYLLABUS BY THE COURT CRIMINAL LAW — Sufficiency of Evidence — New Trial Denied. The record in a criminal prosecution for burglary and larceny while engaged in the commission of the burglary examined, […]

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SMALL v. SMALL, 195 Kan. 531 (1965)

407 P.2d 491 MARY LOU SMALL, Appellee, v. JAMES OWEN JOSEPH SMALL, et al., Appellant. No. 44,277Supreme Court of Kansas Opinion filed November 6, 1965. SYLLABUS BY THE COURT 1. CONTEMPT — Disobedience of Order — Jurisdiction. Disobedience of an order made by a court without jurisdiction of the subject matter or the person of […]

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STATE v. COX, 188 Kan. 500 (1961)

363 P.2d 528 STATE OF KANSAS, Appellee, v. EDDIE D. COX, Appellant. No. 42,201Supreme Court of Kansas Opinion filed July 8, 1961. SYLLABUS BY THE COURT 1. KIDNAPPING — Duty of Jury to Determine Penalty. In a criminal prosecution for kidnapping in the first degree under G.S. 1959 Supp. 21-449 wherein defendant is found guilty […]

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STATE v. SAPPINGTON, 285 Kan. 158 (2007)

169 P.3d 1096 STATE OF KANSAS, Appellee, v. MARC VINCENT SAPPINGTON, Appellant. No. 94,415.Supreme Court of Kansas. Opinion filed November 2, 2007. SYLLABUS BY THE COURT1. TRIAL — Jury Instructions — Clearly Erroneous Instructions — Appellate Review. Instructions are clearly erroneous if the appellate court finds there is a real possibility the jury would have […]

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IN RE ESTATE OF CRAWSHAW, 249 Kan. 388 (1991)

819 P.2d 613 In the Matter of the Estate of Chester D. Crawshaw. No. 65,136Supreme Court of Kansas Opinion filed October 25, 1991. SYLLABUS BY THE COURT 1. PROBATE CODE — Cy Pres Doctrine — Codification of Common-law Doctrine. K.S.A. 1990 Supp. 59-22a01 codifies the common-law doctrine of cy pres. Neither the legislative history nor […]

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STATE v. McCALL, 38 Kan. App. 2d 236 (2007)

163 P.3d 378 STATE OF KANSAS, Appellee, v. GREGORY L. McCALL, Appellant. No. 93,259.Court of Appeals of Kansas. August 3, 2007. Petition for review denied 285 Kan. 1176 (2007). SYLLABUS BY THE COURT1. CRIMINAL LAW — Pro Se Representation — No Competence Requirement Other Than Competence to Stand Trial. No separate finding of mental competence, […]

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STATE v. LIEURANCE, 14 Kan. App. 2d 87 (1989)

782 P.2d 1246 STATE OF KANSAS, Appellee, v. VERNON L. LIEURANCE, Appellant. No. 63,290Court of Appeals of Kansas Opinion filed November 22, 1989 Petition for review denied 246 Kan. 769 (1990). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Complaint — Persons Authorized to Administer Oaths. K.S.A. 22-2202(8) permits a complaint to be sworn to […]

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BOARD OF LINCOLN COUNTY COMM’RS v. BERNER, 5 Kan. App. 2d 104 (1980)

613 P.2d 676 BOARD OF COUNTY COMMISSIONERS OF LINCOLN COUNTY, KANSAS, Appellant, v. WILLIAM H. BERNER, ROBERT D. BERNER, JEAN BERNER d/b/a BILLS BOB’S TRADING POST, Appellees. No. 50,958Court of Appeals of Kansas Opinion filed June 27, 1980 Petition for review denied 228 Kan. 806. SYLLABUS BY THE COURT 1. ZONING — Planning Board — […]

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ROSE v. HELSTROM, 177 Kan. 209 (1954)

277 P.2d 633 MORRIS L. ROSE and CLARA O. ROSE, Appellants, v. RODNEY HELSTROM, Appellee. No. 39,530Supreme Court of Kansas Opinion filed December 11, 1954. SYLLABUS BY THE COURT 1. CONTRACTS — Action for Breach of Contract — Acquiescence in Judgment — Reviewal Denied. The record in an action to recover damages for a breach […]

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KAFKA v. EDWARDS, 182 Kan. 568 (1958)

322 P.2d 785 FLORENCE KAFKA, Widow, and FLORENCE KAFKA, Guardian of DWIGHT MARTIN KAFKA and DONNA LEE KAFKA, Minors, Appellants, v. D.I. EDWARDS, d/b/a EDWARDS TRUCKING SERVICE, Respondent, FIREMEN’S FUND INDEMNITY COMPANY, Insurance Carrier, Appellees. No. 40,810Supreme Court of Kansas Opinion filed March 8, 1958. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Findings of Fact […]

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KARLE v. BOARD OF COUNTY COMMISSIONERS, 188 Kan. 800 (1961)

366 P.2d 241 JO ANN BURNS KARLE, Daughter of Alan Dewey Burns, Deceased, Appellee, v. BOARD OF COUNTY COMMISSIONERS OF KEARNY COUNTY, KANSAS, and EMPLOYERS MUTUAL CASUALTY COMPANY, Appellants. No. 42,476Supreme Court of Kansas Opinion filed November 10, 1961. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Coronary Thrombosis — Injury Arising Out of Employment. In […]

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STATE v. BROWN, 8 Kan. App. 2d 715 (1983)

667 P.2d 388 STATE OF KANSAS, Appellee, v. NORMAN L. BROWN, Appellant. No. 55,054Court of Appeals of Kansas Opinion filed August 4, 1983 SYLLABUS BY THE COURT CRIMINAL LAW — Procuring Agent Defense — Jury Instruction — Defendant Not Entitled to Instruction When He Denied Involvement in Alleged Illegal Activity. A defendant who denies any […]

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CITY OF WINFIELD v. BOARD OF COUNTY COMMISSIONERS, 205 Kan. 333 (1970)

469 P.2d 424 THE CITY OF WINFIELD, KANSAS, and THE CITY OF ARKANSAS CITY, KANSAS, Municipal Corporations of the Second Class, Appellees, v. THE BOARD OF COUNTY COMMISSIONERS OF COWLEY COUNTY, KANSAS; W.H. HORTON as successor to WALLACE R. STOVALL, County Clerk and Ex-Officio County Assessor of Cowley County, Kansas, and MARGIE R. GEORGE, County […]

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KANSAS COMMISSION ON CIVIL RIGHTS v. CARLTON, 216 Kan. 735 (1975)

533 P.2d 1335 THE KANSAS COMMISSION ON CIVIL RIGHTS, Appellant v. DARRELL D. CARLTON, STATE LABOR COMMISSIONER, Appellee. No. 47,612Supreme Court of Kansas Opinion filed April 5, 1975. SYLLABUS BY THE COURT 1. CIVIL RIGHTS — Executive Director May Sign Subpoenas. The executive director of the Kansas commission on civil rights may sign subpoenas issued […]

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STATE v. DONNELSON, 219 Kan. 772 (1976)

549 P.2d 964 STATE OF KANSAS, Appellee, v. JAMES DONNELSON, Appellant. No. 47,990Supreme Court of Kansas Opinion filed May 8, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Other Crimes — Rules Limiting Evidence Strictly Enforced. The rule limiting the admission of evidence of other crimes is to be strictly enforced. 2. SAME — […]

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OBSTETRICS GYNECOLOGY LTD. v. BUCKNER, 247 Kan. 170 (1990)

795 P.2d 386 OBSTETRICS GYNECOLOGY LIMITED OF KANSAS CITY, INC., a Missouri Professional Corporation, Formerly Known as Knock, Buckner, Youngblood, Bickley Zeller, Inc., a Missouri Professional Corporation, Appellee, and ST. PAUL FIRE AND MARINE COMPANY, a Minnesota Corporation, Appellee/Cross-Appellant, v. ROBERT C. BUCKNER, M.D., Defendant, and FLETCHER BELL, Commissioner of Insurance for the State of […]

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ALLEN, GIBBS HOULIK v. RISTOW, 32 Kan. App. 2d 1051 (2004)

94 P.3d 724 ALLEN, GIBBS HOULIK, L.C., Appellant, v. KIMBERLY A. RISTOW, Appellee. No. 90,879.Court of Appeals of Kansas Opinion filed July 30, 2004. SYLLABUS BY THE COURT1. CONTRACTS — Breach of Contract — No Disputed Material Facts — Summary Judgment. Where there are no disputed material facts, the determination of whether a party breached […]

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HOWELL v. CALVERT, 268 Kan. 698 (2000)

1 P.3d 310 ANGIE HOWELL, Appellant, v. DENNIS R. CALVERT, Defendant, and KANSAS NEWMAN COLLEGE, INC. Appellee, and KIMBERLY J. ROTHLISBERGER, deceased, by and through Diana Rothlisberger, Administrator of the Estate of Kimberly Rothlisberger; and DIANA ROTHLISBERGER, Individually, Appellant, v. KANSAS NEWMAN COLLEGE, INC., Appellee. No. 81,488Supreme Court of Kansas Opinion filed: March 10, 2000. […]

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REICHUBER v. COOK WELL SERVICING, 220 Kan. 93 (1976)

551 P.2d 810 EDWIN H. REICHUBER, Appellant, v. D.H. COOK WELL SERVICING, and WESTERN CASUALTY SURETY COMPANY, Appellees. No. 48,099Supreme Court of Kansas Opinion filed June 12, 1976. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Award of Permanent Partial Disability — Sufficiency of Evidence — Remanded to Award Total Permanent Disability. In an appeal […]

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