485 P.2d 215 In the Matter of the Estate of John Elza Zimmerman, Deceased. BERNICE E. MINICH, Appellant, v. DAVID R. KUNS, Executor, Appellee. No. 45,991Supreme Court of Kansas Opinion filed May 15, 1971. SYLLABUS BY THE COURT 1. WILLS — Probate Essential. Pursuant to the provisions of K.S.A. 59-616, no will can be effectual […]
Category: Kansas Court Opinions
CITIES OF HESSTON SEDGWICK v. SMRHA, 186 Kan. 785 (1960)
352 P.2d 1053 CITIES OF HESSTON AND SEDGWICK, and HARVEY HENSLEY, CITIES OF BURRTON AND HALSTEAD and the CITY OF NEWTON, KANSAS, Appellees, v. R.V. SMRHA, Chief Engineer, Division of Water Resources, Kansas State Board of Agriculture, Appellant, THE CITY OF WICHITA, KANSAS, Appellee. No. 41,880Supreme Court of Kansas Opinion filed June 11, 1960. SYLLABUS […]
STATE v. TURNER, 16 Kan. App. 2d 221 (1991)
820 P.2d 1251 STATE OF KANSAS, Appellee, v. PHILLIP TURNER, Appellant. No. 65,974Court of Appeals of Kansas Opinion filed November 22, 1991 Reversed 251 Kan. 43, 833 P.2d 921 (1992). SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Sufficiency of Evidence in Criminal Conviction. If the essential elements of a charge are sustained by […]
IN RE MATTHEW, 208 Kan. 974 (1972)
496 P.2d 1083 In re The Complaint made against LESTER DEAN MATTHEW by the State Board of Law Examiners. (Bar Docket No. 4742)Supreme Court of Kansas February 25, 1972 ORDER OF SUSPENSION WHEREAS, In a proceeding conducted by the State Board of Law Examiners to inquire into the complaint of alleged professional misconduct by LESTER […]
FISHER v. SEARS, ROEBUCK CO., 207 Kan. 493 (1971)
485 P.2d 1309 ZONA FISHER, Appellant, v. SEARS, ROEBUCK COMPANY, Appellee. No. 46,005Supreme Court of Kansas Opinion filed June 12, 1971. SYLLABUS BY THE COURT 1. NEGLIGENCE — Invitees — Duty of Proprietor. The proprietor of a store owes a duty to customers and other invitees to use care to keep the premises in a […]
STATE v. ONE 1984 CHEVROLET CORVETTE, 16 Kan. App. 2d 5 (1991)
818 P.2d 800 STATE OF KANSAS, Appellant, v. ONE 1984 CHEVROLET CORVETTE, Appellee. No. 65,332[1] Court of Appeals of Kansas Opinion filed June 14, 1991 [1] REPORTER’S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated September 4, 1991, pursuant to Rule 7.04 (1990 Kan. […]
KRUEGER v. BOARD, 280 Kan. 983 (2006)
Krueger v. Board of Woodson Co Comm’rs. No. 93,361.Supreme Court of Kansas. February 15, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
HANSCOME v. COPPINGER, 183 Kan. 623 (1958)
331 P.2d 590 CLARA B. HANSCOME, Appellee, v. W.J. COPPINGER, WALTER T. MAHONEY, GEORGE E. ALLEN, BYRON A. CAIN, WILLIAM J. FROELIK, MARGARET T. SINEK; the Unknown Spouses and Assigns of Said Persons; and If Any of Said Persons Be Deceased, the Unknown Heirs, Executors, Administrators, Devisees, Legatees, Trustees and Creditors of Any Such Decedents, […]
IN RE RUSHING, 9 Kan. App. 2d 541 (1984)
684 P.2d 445 In the Interest of LAKESHA RUSHING. No. 55,039Court of Appeals of Kansas Opinion filed June 21, 1984 SYLLABUS BY THE COURT 1. TRIAL — Fair Trial. The purpose of the effective assistance of counsel right is to afford to the party a fair trial. One element of a fair trial is subjection […]
STATE v. PATTON, 287 Kan. 200 (2008)
195 P.3d 753 STATE OF KANSAS, Appellee, v. JOSHUA DELORE PATTON, Appellant. No. 95,860.Supreme Court of Kansas. Opinion Filed November 14, 2008. SYLLABUS BY THE COURT1. JURISDICTION — Subject Matter Jurisdiction — Issue May Be Raised at Any Time. The issue of subject matter jurisdiction may be raised at any time by a part)’ or […]
HOLLOWAY v. CLINE, 284 Kan. 945 (2007)
Holloway v. Cline. No. 96,917.Supreme Court of Kansas. September 27, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied.
CORY v. TROTH, 170 Kan. 50 (1950)
223 P.2d 1008 CARL CORY and MABEL CORY, Appellants, v. D.B. TROTH, JR., and WILLIAM D. SMITH, Appellees. No. 37,963Supreme Court of Kansas Opinion filed November 10, 1950. SYLLABUS BY THE COURT 1. PARTIES — Survival of Action — Real Party in Interest. Under G.S. 1947 Supp. 60-3201, any cause of action accruing to a […]
THOMPSON v. TOPEKA CONVENTION VISITORS BUR., 35 Kan. App. 2d xxi (2006)
Thompson v. Topeka Convention Visitors Bureau. Inc. No. 94,142.Court of Appeals of Kansas. March 17, 2006. Appeal from the Shawnee. Unpublished Opinions Affirmed.
BUNNELL FARMS CO. v. GARY, 30 Kan. App. 2d 739 (2002)
47 P.3d 804 BUNNELL FARMS CO., Appellant, v. SAMUEL GARY, JR. ASSOCIATES and DUNNE EQUITIES, INC., Appellees. No. 87,842Court of Appeals of Kansas Opinion filed: June 7, 2002. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application — Appellate Review. The standard of review for a motion for summary judgment is stated and applied. 2. […]
IN RE ESTATE OF SMITH, 168 Kan. 210 (1949)
212 P.2d 322 In re Estate of Adele A. Smith, Deceased, et al., Appellees, v. GEORGE C. DAVIS, et al., Appellants. Nos. 37,616 and 37,683Supreme Court of Kansas Opinion filed December 10, 1949. SYLLABUS BY THE COURT 1. WILLS — Executor Qualified to File Petition for Probate of Will. The fact a person is named […]
IN RE JOHNSON, 5 Kan. App. 2d 420 (1980)
617 P.2d 1273 In the Interest of WILLIAM DAVID JOHNSON, A Minor Under the Age of 18 Years. No. 80-51985-ACourt of Appeals of Kansas Opinion filed October 17, 1980 Petition for review denied December 10, 1980. SYLLABUS BY THE COURT JUVENILE CODE — Certification of Juvenile as Adult in Criminal Proceedings — Sufficiency of Evidence. […]
IN RE SHOTWELL GRADES, 4 Kan. App. 2d 382 (1980)
607 P.2d 83 In the Matter of the Petitions of GEORGE SHOTWELL and ALBERT GRADES for Writs of Habeas Corpus. STATE OF KANSAS, Appellee, v. GEORGE SHOTWELL and ALBERT GRADES, Appellants. Nos. 50,449, 50,795Court of Appeals of Kansas Opinion filed February 29, 1980 Petition for review denied April 18, 1980. SYLLABUS BY THE COURT 1. […]
STATE v. CLARK, 286 Kan. 1181 (2008)
State v. Clark. Nos. 96,943, 96,944.Supreme Court of Kansas. May 28, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
AMERICAN STATES INS. v. HARTFORD ACCIDENT INDEM. CO., 218 Kan. 563 (1976)
545 P.2d 399 AMERICAN STATES INSURANCE CO., Appellee, v. HARTFORD ACCIDENT AND INDEMNITY CO., Appellant, PIONEER TOWNSHIP, RUSH COUNTY, KANSAS, and PLEASANTDALE TOWNSHIP, RUSH COUNTY, KANSAS, Appellees, v. HARTFORD ACCIDENT AND INDEMNITY CO., (Appellant) and BEN F. SCHEUERMAN d/b/a OTIS REALTY INSURANCE AGENCY; Appellant, (Hartford Only); GREAT AMERICAN INSURANCE COMPANY, Intervenor. No. 47,784Supreme Court of […]
LEMON v. FOULSTON, 169 Kan. 372 (1950)
219 P.2d 388 DIMMIE LEMON, Appellant, v. SIDNEY L. FOULSTON, as Administrator of the Estate of Bates T. Hamilton, Deceased, Appellee. No. 37,889Supreme Court of Kansas Opinion filed June 10, 1950. SYLLABUS BY THE COURT GOVERNMENT BONDS — Law Governing — Federal Regulations — Ownership in Surviving Co-owners. B and D purchased United States War […]
STATE v. BENOIT, 21 Kan. App. 2d 184 (1995)
898 P.2d 653 STATE OF KANSAS, Appellee, v. CHAD BENOIT, Appellant. No. 71,550Court of Appeals of Kansas Opinion filed June 23, 1995 SYLLABUS BY THE COURT 1. PENAL INSTITUTIONS — Conservation Camps — Labette Correctional Conservation Camp — Statutory Authorization. The Labette Correctional Conservation Camp is a minimum security “boot camp,” which is authorized under […]
KANSAS POWER LIGHT CO. v. RITCHIE, 11 Kan. App. 2d 237 (1986)
722 P.2d 1120 THE KANSAS POWER AND LIGHT COMPANY, Plaintiff-Appellee, v. CHARLES S. RITCHIE, d/b/a CHARLES S. RITCHIE OIL, Defendant-Appellant. No. 58,058Court of Appeals of Kansas Opinion filed May 8, 1986 SYLLABUS BY THE COURT 1. EMINENT DOMAIN — Appraisers’ Report. In an eminent domain proceeding, the appraisers’ report must show what the condemner takes […]
WILSON v. STATE, 278 Kan. 852 (2004)
WILSON v. STATE. No. 88,992.Supreme Court of Kansas. May 25, 2004. Reported below Unpublished. Petition for review denied.
STATE v. GONZALEZ-ALVIZO, 279 Kan. ix (2005)
State v. Gonzalez-Alvizo. No. 92,548.Supreme Court of Kansas. April 22, 2005. Appeal from the Sumner. Unpublished Opinions Appeal dismissed.
TEW v. TOPEKA POLICE FIRE CIV. SERV. COMM’N, 237 Kan. 96 (1985)
697 P.2d 1279 JAMES R. TEW, Appellee, v. CITY OF TOPEKA POLICE AND FIRE CIVIL SERVICE COMMISSION, et al., Appellants. No. 56,927Supreme Court of Kansas Opinion filed April 5, 1985. SYLLABUS BY THE COURT 1. MANDAMUS — General Rules. Rules governing the use of mandamus are stated and applied. 2. ADMINISTRATIVE LAW — Rules and […]
IN RE NORLEN, 256 Kan. 509 (1994)
886 P.2d 347 In the Matter of MICHAEL R. NORLEN, Respondent. No. 72,113[1] .Supreme Court of Kansas Opinion filed December 9, 1994. [1] REPORTER’S NOTE: By order dated June 27, 1995, the Supreme Court found that respondent had fully complied with the order of discipline entered December 9, 1994, and therefore ordered that respondent be […]
FRIESEN v. HIATT, 129 Kan. 470 (1930)
283 P. 644 N. B. FRIESEN et al., Appellants, v. C. R. HIATT, Appellee. No. 28,999.Supreme Court of Kansas. January 11, 1930. SYLLABUS BY THE COURT. 1. PARTNERSHIPS — Dissolution by Death — Authority of Liquidating Partner. Although the death of one partner dissolves the partnership, the surviving partners, in the course of their duty […]
WHITE v. KANSAS DEPARTMENT OF REVENUE, 38 Kan. App. 2d 11 (2006)
163 P.3d 320 WILLIAM A. WHITE, ANTHONY W. LOREG, JOSEPH W. SHAVER, MITCHELL L. KOERNER, REBECCA HOLLOWAY, ERIC PATRICK MORTENSEN, JUSTIN MILES MCDONALD, JOHN WICKHAM, MARC A. HUDSON, and CHRISTOPHER JOHN HANN, Appellants, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 94,418.[1] Court of Appeals of Kansas. Opinion filed September 15, 2006. [1] REPORTER’S NOTE: Previously […]
STATE v. LOPEZ, 25 Kan. App. 2d 777 (1998)
973 P.2d 802 STATE OF KANSAS, Appellee, v. GREGORY A. LOPEZ, Appellant. No. 77,969Court of Appeals of Kansas Opinion filed December 31, 1998 Petition for review denied 266 Kan. 1113 (1999) SYLLABUS BY THE COURT CRIMINAL LAW — Sex Offender Registration Act — Statutory Term “Sexually Violent Crime” Analyzed. K.S.A. 22-4902 is analyzed and applied. […]
TOLAND v. STATE, 200 Kan. 184 (1967)
434 P.2d 550 WAYNE TOLAND, Appellant, v. STATE OF KANSAS, Appellee. No. 45,055Supreme Court of Kansas Opinion filed December 9, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Judgment and Sentence — No Error Found. The record in a proceeding commenced under K.S.A. 60-1507 is examined and it is held: The […]
DECISIONS WITHOUT PUBLISHED OPINIONS, 30 Kan. App. 2d VIII (2002)
Court of Appeals of Kansas December 2001 — January 2002 DOCKET DISTRICT DATE OFTITLE NUMBER COURT DECISION DECISION State v. Eberhart 84,896 Saline 1/25/02 Convictions affirmed, sentence vacated in part; case remanded State v. Esquivel 86,166 Finney 1/11/02 Vacated and remanded State v. Freeman 85,955 Wyandotte 12/21/01 Affirmed State v. Gallegos 85,176 Pawnee 1/25/02 Affirmed […]
STATE v. THIMMESCH, 286 Kan. 1185 (2008)
State v. Thimmesch. No. 95,512.Supreme Court of Kansas. April 23, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
IN RE SMITH, 263 Kan. 569 (1998)
953 P.2d 222 In the Matter of the Petition of STEVEN R. SMITH for Reinstatement. No. 66,330Supreme Court of Kansas Opinion filed January 23, 1998 MEMORANDUM OPINION ATTORNEY AND CLIENT — Reinstatement Petition — Denial of Petition. Petition for reinstatement. Opinion filed January 23, 1998. Petition for reinstatement denied. Per Curiam: The petitioner, Steven R. […]
TAYLOR v. HOSTETLER, 186 Kan. 788 (1960)
352 P.2d 1042 DALE TAYLOR, Appellee, v. LEO H. HOSTETLER, Appellant. No. 41,900Supreme Court of Kansas Opinion filed June 11, 1960. SYLLABUS BY THE COURT 1. PLEADING — Amended Petition — Motion to Strike and Dismiss — Demurrer. In an action to recover damages for personal injuries the plaintiff confessed a demurrer directed against the […]
STATE v. DIXON, 279 Kan. 563 (2005)
112 P.3d 883 STATE OF KANSAS, Appellee, v. WALLACE L. DIXON, III, Appellant. No. 89,164.Supreme Court of Kansas. Opinion Filed June 3, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Felony Murder — Defendant Need Not Be Convicted of Underlying Felony. This court has long held that an accused need not be prosecuted for or […]
STATE v. NODGAARD, 284 Kan. 949 (2007)
State v. Nodgaard. No. 95,747.Supreme Court of Kansas. May 8, 2007. Appeal from the Unpublished. Pettions For Review of Decisions of The Court of Appeals Denied. Page 950
IN RE ESTATE OF FORSTER, 178 Kan. 120 (1955)
283 P.2d 491 In re Estate of Joseph Forster. (GERTRUDE FORSTER, Appellant, v. MILTON R. HARRINGTON, Administrator of the Estate of Joseph Forster, Deceased, Appellee.) No. 39,707Supreme Court of Kansas Opinion filed May 7, 1955. SYLLABUS BY THE COURT 1. EXECUTORS AND ADMINISTRATORS — Claim for Services Based on Quantum Meruit — Statute of Limitations. […]
STATE v. McGINNIS, 40 Kan. App. 2d 620 (2008)
STATE OF KANSAS, Appellee, v. STEPHEN JAMES McGINNIS, Appellant. No. 99,217.Court of Appeals of Kansas. Opinion filed October 24, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. In reviewing a district court’s decision regarding suppression of evidence, an appellate court reviews the factual underpinnings of the decision by a […]
HIZEY v. MCI, 39 Kan. App. 2d 609 (2008)
181 P.3d 583 EDITH L. HIZEY, Appellee, v. MCI, Respondent/Appellant, and ZURICH U.S. INSURANCE COMPANY, Insurance Carrier/Appellant. No. 97,947.Court of Appeals of Kansas. Opinion filed April 25, 2008. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Judicial Review of Decision of Workers Compensation Board — Appellate Review Limited to Questions of Law. Appeals from decisions by […]
HOFFINE v. STANDARD ACCIDENT INS. CO., 191 Kan. 63 (1963)
379 P.2d 246 HOMER HOFFINE, Appellant, v. STANDARD ACCIDENT INSURANCE COMPANY, Appellee. No. 43,016Supreme Court of Kansas Opinion filed March 2, 1963. SYLLABUS BY THE COURT 1. INSURANCE — Automobile Policy — Failure to Defend — Demurrer to Evidence. In an appeal by plaintiff in an action against his insurance carrier to establish liability upon […]
IN RE C.Y., 35 Kan. App. 2d xii (2006)
In re C.Y. No. 94,420.Court of Appeals of Kansas. March 10, 2006. Appeal from the Sedgwick. Unpublished Opinions Affirmed.
STATE v. BROWN, 22 Kan. App. 2d 560 (1996)
920 P.2d 460 STATE OF KANSAS, Appellee, v. MICHAEL T. BROWN, Appellant. No. 73,465Court of Appeals of Kansas Opinion filed June 28, 1996 SYLLABUS BY THE COURT 1. TRIAL — Speedy Trial — Statutory Rights Apply Only to Time Trial Must Commence. The speedy trial rights specified by K.S.A. 22-3402 apply only to the time […]
IN RE EQUALIZATION APPEAL, 33 Kan. App. 2d 199 (2004)
99 P.3d 1117 IN THE MATTER OF THE EQUALIZATION APPEAL OF ANDOVER ANTIQUE MALL L.L.C. FOR THE TAX YEAR 1999 IN BUTLER COUNTY, KANSAS. No. 91,514.Court of Appeals of Kansas. Opinion filed October 29, 2004. SYLLABUS BY THE COURT1. JUDGES — Recusal of Trial Judge — Request for Recusal on Ground Judge Lacks Impartiality. When […]
STATE v. BAKER, 236 Kan. 132 (1984)
689 P.2d 803 STATE OF KANSAS, Appellee, v. LILA J. BAKER, Appellant. No. 55,983Supreme Court of Kansas Opinion filed October 26, 1984. SYLLABUS BY THE COURT CRIMINAL LAW — Insanity Defense — Motion for Acquittal Denied — Prosecutorial Misconduct — Absence of Defendant at Certain Proceedings. The record on appeal is examined in a criminal […]
STATE v. DOUGHERTY, 186 Kan. 820 (1960)
352 P.2d 1031 THE STATE OF KANSAS, Appellee, v. RICHARD S. DOUGHERTY, Alias MICHAEL S. DOUGHERTY, Appellant. No. 41,918Supreme Court of Kansas Opinion filed June 11, 1960. SYLLABUS BY THE COURT 1. BURGLARY — Elements of Offense — Nighttime. It is the general rule, in the absence of a statutory provision to the contrary, that […]
DUGGAN v. NAVART, 198 Kan. 637 (1967)
426 P.2d 153 THOMAS P. DUGGAN and ALVIN NOVAK, Appellants, v. EDWARD NAVART, HERBERT HIEBERT and O.F. HERBERT, County Commissioners of Marion County, Kansas; BURNACE POWELL, County Clerk of Marion County, Kansas, and KATHRYN SCHIMPF, County Treasurer, Marion County, Kansas, Appellees. No. 44,723Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT […]
IN RE TAX APPEAL OF ANR PIPELINE CO., 254 Kan. 534 (1994)
866 P.2d 1060 IN THE MATTER OF THE APPEAL OF ANR PIPELINE COMPANY; COLORADO INTERSTATE GAS COMPANY; NORTHERN NATURAL GAS COMPANY; MAPCO FRACTIONATOR, INC.; MAPCO AMMONIA PIPELINE, INC.; MID-AMERICA PIPELINE COMPANY; and ENRON LIQUIDS PIPELINE COMPANY from a Decision of THE DIRECTOR OF PROPERTY VALUATION of THE STATE OF KANSAS. No. 69,116Supreme Court of Kansas […]
JOHNSON v. KANSAS DEPT. OF REVENUE, 29 Kan. App. 2d 455 (2001)
27 P.3d 943 MICHAEL SCOTT JOHNSON, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee. No. 85,342Court of Appeals of Kansas Opinion filed: July 20, 2001. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Driver’s License Suspension — Judicial Review. K.S.A. 2000 Supp. 8-259(a) provides for judicial review of an alcohol-related driver’s license suspension, following an administrative […]
STATE v. MAYBERRY, 248 Kan. 369 (1991)
807 P.2d 86 STATE OF KANSAS, Appellee, v. M. C. MAYBERRY, Appellant. No. 64,772Supreme Court of Kansas Opinion filed March 1, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Warrantless Arrest — Probable Cause. The Fourth Amendment to the United States Constitution provides that no warrant shall issue, except upon probable cause. Warrantless arrests […]
STATE v. ATKINSON, 276 Kan. 970 (2003)
STATE v. ATKINSON. No. 87,805.Supreme Court of Kansas. June 26, 2003. Reported below Unpublished. Petition for review granted.
STATE v. BEY, 217 Kan. 251 (1975)
535 P.2d 881 STATE OF KANSAS, Appellee, v. JULIAN BEY, Appellant. No. 47,731Supreme Court of Kansas Opinion filed May 10, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Unavailable Witness — Testimony at Preliminary Hearing — Exercise of Diligence to Determine Whereabouts. The provisions of K.S.A. 60-460 (c) (2) permit testimony of a witness […]
WARE v. STATE, 198 Kan. 523 (1967)
426 P.2d 78 JOHN G. WARE, Appellant, v. STATE OF KANSAS, Appellee. No. 44,649Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Motion to Vacate Sentence — Constitutional Questions. Only questions arising under the Constitution of the United States, or the Constitution or laws of the state […]
IN RE TAX EXEMPTION OF ABBOTT ALUMINUM, 269 Kan. 689 (2000)
8 P.3d 729 IN THE MATTER OF THE APPLICATION OF ABBOTT ALUMINUM, INC., FOR EXEMPTION FROM AD VALOREM TAXATION IN POTTAWATOMIE COUNTY, KANSAS. IN THE MATTER OF THE APPLICATION OF TRANSPORTATION DESIGN AND MANUFACTURING FOR EXEMPTION FROM AD VALOREM TAXATION IN POTTAWATOMIE COUNTY, KANSAS. IN THE MATTER OF THE APPLICATION OF MANKO WINDOW SYSTEMS, INC., […]
CUMMINGS v. STATE, 281 Kan. 1377 (2006)
Cummings v. State. No. 93,248.Supreme Court of Kansas. March 28, 2006. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. WILLIAMS, 286 Kan. 1186 (2008)
State v. Williams. No. 96,675.Supreme Court of Kansas. April 23, 2008. Appeal from the Unpublished. Petition for Review of Decision of the Court of Appeal Denied.
FOUNDATION PROP. INVEST. v. CTP, 37 Kan. App. 2d 890 (2007)
159 P.3d 1042 FOUNDATION PROPERTY INVESTMENTS, LLC, Appellee, v. CTP, LLC, Appellant. No. 96,697.Court of Appeals of Kansas. Opinion filed May 25, 2007. Aff’d 286 Kan. 597, 186 P.3d 766 (2008). SYLLABUS BY THE COURT1. SUMMARY JUDGMENT — Application — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions […]
JUENEMANN v. KANSAS DEPARTMENT OF REVENUE, 101,329 (Kan. 5-16-2011)
CHELSEY ROSE JUENEMANN, APPELLEE, v. KANSAS DEPARTMENT OF REVENUE, APPELLEE. Case No. 101,329Supreme Court of Kansas Opinion filed: May 16, 2011. SYLLABUS BY THE COURT 1. K.S.A. 2007 Supp. 8-1020(m) permits an administrative hearing officer, after a hearing, to enter an order either affirming the order of suspension of a person’s driving privileges or dismissing […]
OETINGER v. POLSON, 20 Kan. App. 2d 255 (1994)
885 P.2d 1274 PHILIP OETINGER, A Minor Child, by and through His Next Friend, John Arnold Oetinger, Plaintiff/Appellant, v. AARON POLSON, A Minor Child by and through His Next Friend, Joy Polson; U.S.D. No. 379 BOARD OF EDUCATION, CLAY CENTER, KANSAS; CHARLES MANSFIELD; BRIAN HARRIS; and TYLER NELSON, Defendants, v. MAIL HANDLERS BENEFIT PLAN, Intervenor/Appellee. […]
STATE v. WASSON, 91,167 (Kan.App. 12-10-2004)
101 P.3d 740 STATE v. WASSON. No. 91,167.Court of Appeals of Kansas December 10, 2004. Appeal from the Sedgwick. Decision without published opinion. Vacated and remanded with directions.
STATE v. WADE, 280 Kan. 991 (2005)
State v. Wade. No. 93,247.Supreme Court of Kansas. September 20, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. STOUT, 34 Kan. App. 2d 83 (2005)
114 P.3d 989 STATE OF KANSAS, Appellee, v. LORI LYNN STOUT, Appellant. No. 92,409.Court of Appeals of Kansas. Opinion filed July 8, 2005. SYLLABUS BY THE COURT1. CRIMINAL LAW — Unlawful Sexual Relations — “Lewd Fondling or Touching” Defined. For purposes of K.S.A. 2004 Supp. 21-3520, the term “lewd fondling or touching” means fondling or […]
STATE v. WARD, 277 Kan. 927 (2004)
STATE v. WARD. No. 89,917.Supreme Court of Kansas. February 10, 2004. Reported below Unpublished. Petition for review denied.
STATE v. HUFF, 33 Kan. App. 2d 942 (2005)
111 P.3d 659 STATE OF KANSAS, Appellee, v. DENNIS P. HUFF, Appellant. No. 92,341.Court of Appeals of Kansas. Opinion filed May 20, 2005. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Jurisdiction — Issue May Be Raised for First Time on Appeal. Generally, an issue not raised below cannot be raised on appeal. However, the […]
CITY OF WICHITA v. CATINO, 175 Kan. 657 (1954)
265 P.2d 849 CITY OF WICHITA, Appellee, v. ALBERT CATINO, Appellant. CITY OF WICHITA, Appellee, v. ALBERT CATINO, Appellant. Nos. 39,167, 39,168Supreme Court of Kansas Opinion filed January 23, 1954. SYLLABUS BY THE COURT 1. DISMISSAL AND NONSUIT — Failure to Prosecute Appeal — Abuse of Discretion — Review. The power of a court to […]
ROBLEADO v. SMOOT COMPANY/TAYLOR HOLDINGS, 93,732 (Kan.App. 12-23-2005)
124 P.3d 1083 ROBLEADO v. SMOOT COMPANY/TAYLOR HOLDINGS, INC. No. 93,732.Court of Appeals of Kansas. December 23, 2005. Appeal from Workers Compensation Board. Decision without published opinion. Affirmed.
STATE v. DURST, 235 Kan. 62 (1984)
678 P.2d 1126 STATE OF KANSAS, Appellant, v. LINDA DURST, Appellee. No. 55,335Supreme Court of Kansas Opinion filed March 24, 1984. SYLLABUS BY THE COURT 1. WORDS AND PHRASES — “Contraband.” Articles of contraband are generally understood to be goods which are illegal or prohibited; goods or merchandise the importation, exportation or sometimes possession of […]
ROBBINS v. CHEVRON U.S.A., INC., 246 Kan. 125 (1990)
785 P.2d 1010 EDWARD D. ROBBINS, JR., individually and as Trustee of the Edward D. Robbins Trust, EDWARD GALLUP, FRED GALLUP, and MARGARET GALLUP GARDNER, Appellees, v. CHEVRON U.S.A., INC., Appellant, v. KANSAS GAS SUPPLY CORPORATION, Third-Party Defendant/Intervenor. No. 63,543Supreme Court of Kansas Opinion filed January 19, 1990. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT […]
COLUMBUS TELEPHONE CO. v. KANSAS CORP. COMM’N, 31 Kan. App. 2d 828 (2003)
75 P.3d 257 COLUMBUS TELEPHONE CO., INC., et al., Appellants, v. KANSAS CORPORATION COMMISSION, Appellee. No. 90,623.Court of Appeals of Kansas. Opinion filed August 15, 2003. SYLLABUS BY THE COURT1. JURISDICTION — Appellate Court’s Subject Matter Jurisdiction of Appeal from Kansas Corporation Commission. The question of whether the appellate court has subject matter jurisdiction is […]
CITY OF WESTWOOD v. M M OIL CO., 6 Kan. App. 2d 48 (1981)
626 P.2d 817 CITY OF WESTWOOD, KANSAS, A MUNICIPAL CORPORATION, Appellee, v. M M OIL COMPANY, INC., Appellant. No. 52,155Court of Appeals of Kansas Opinion filed April 17, 1981 Petition for review denied 229 Kan. 669. SYLLABUS BY THE COURT EMINENT DOMAIN — Condemnation Proceeding — Dismissal of Action by Plaintiff — Abandonment of Condemnation […]
SMITH v. STATE, 276 Kan. 970 (2003)
SMITH v. STATE. No. 88,535.Supreme Court of Kansas. June 25, 2003. Reported below Unpublished. Petition for review denied.
STATE v. OVERSTREET, 288 Kan. 1 (2009)
200 P.3d 427 STATE OF KANSAS, Appellee, v. JASON D. OVERSTREET, Appellant. No. 95,682.Supreme Court of Kansas. Opinion filed January 30, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Jury Instructions — Error in Giving or Failing to Give Instruction — Appellate Review. No party may assign as error the giving or failure to give […]
STATE v. KIMMEL, 202 Kan. 303 (1968)
448 P.2d 19 STATE OF KANSAS, Appellee, v. CHRISTIE LAVERNE KIMMEL, Appellant. No. 45,231Supreme Court of Kansas Opinion filed December 7, 1968. SYLLABUS BY THE COURT CRIMINAL LAW — Robbery — Continuance Denied — Refusal to Transfer Case — Misconduct of Juror — Confession — New Trial Denied. In a direct criminal appeal from a […]
IN RE SCHARSCHELL, 5 Kan. App. 2d 155 (1980)
613 P.2d 392 In the Interest of JOSEPH TROY SCHARSCHELL, BENJAMIN SCHARSCHELL. No. 50,452Court of Appeals of Kansas Opinion filed July 11, 1980 Petition for review denied 228 Kan. 806. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Parent Incarcerated in Penal Institution — Duty to Child. A parent who is incarcerated in a […]
STEWART v. STATE CORPORATION COMMISSION, 181 Kan. 666 (1957)
313 P.2d 749 EDWIN STEWART and R.A. CASAD, Appellees, v. THE STATE CORPORATION COMMISSION, THE WOODSTON MUTUAL TELEPHONE COMPANY and SOUTHWESTERN BELL TELEPHONE COMPANY, Appellants. No. 40,666Supreme Court of Kansas Opinion filed July 18, 1957. SYLLABUS BY THE COURT 1. PUBLIC UTILITIES — Appeal from Order of Corporation Commission — Remanding for Further Proceedings — […]
COMBINED INVESTMENT CO. v. BOARD OF BUTLER CTY. COMM’RS, 227 Kan. 17 (1980)
605 P.2d 533 THE COMBINED INVESTMENT COMPANY, a Partnership, Appellee and Cross-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF BUTLER COUNTY, KANSAS, et al., Appellants and Cross-Appellees. No. 49,972Supreme Court of Kansas Opinion filed January 19, 1980. SYLLABUS BY THE COURT 1. ZONING — District Court Review of County Commission Decision — Additional Evidence Allowed. A […]
SWEET v. STORMONT VAIL REGIONAL MEDICAL CENTER, 231 Kan. 604 (1982)
647 P.2d 1274 THERESA D. SWEET and HARVEY L. LUDWICK, Secretary of Human Resources, Assignee, Appellants, v. STORMONT VAIL REGIONAL MEDICAL CENTER, Appellee. No. 53,035Supreme Court of Kansas Opinion filed July 16, 1982. SYLLABUS BY THE COURT 1. CONTRACTS — Employment Contract. Parties have wide discretion in fixing the terms of employment contracts, and when […]
KARNES ENTERPRISES, INC. v. QUAN, 221 Kan. 596 (1977)
561 P.2d 825 KARNES ENTERPRISES, INC., Appellee (Plaintiff), v. JOE QUAN and MAE QUAN, Appellants (Defendants), v. DORRENCE KARNES, Appellee (Third-Party Defendant). No. 48,137Supreme Court of Kansas Opinion filed March 5, 1977. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Right to Jury Trial — What Right Refers To. The constitutional right to a jury […]
KELLY v. KURTZ, 183 Kan. 684 (1958)
331 P.2d 327 LOUIS JAMES KELLY, Appellant, v. CASIMIR C. KURTZ, Sheriff of Atchison County, Kansas, Appellee. No. 41,171Supreme Court of Kansas Opinion filed November 8, 1958. SYLLABUS BY THE COURT HABEAS CORPUS — Grounds — Writ Denied. The record on appeal in a habeas corpus proceeding examined and it is held that, under the […]
STATE v. DUMARS, 280 Kan. 986 (2005)
State v. DuMars. No. 91,107.Supreme Court of Kansas. September 22, 2005. Appeal from the 33 Kan. App. 2d 735. Petitions for Review of Decisions of the Court of Appeals Denied.
STATE v. LYGHTLE, 280 Kan. 988 (2005)
State v. Lyghtle. No. 90,799.Supreme Court of Kansas. November 1, 2005. Appeal from the Unpublished. Petitions for Review of Decisions of the Court of Appeals Denied.
STAR LUMBER SUPPLY CO. v. MILLS, 186 Kan. 204 (1960)
349 P.2d 892 STAR LUMBER SUPPLY CO., INC., Appellant, v. EDMOND KYLE MILLS a/k/a ED MILLS and LOU E. MILLS, husband and wife; THE COFFEYVILLE LOAN INVESTMENT COMPANY, INC.; JACK VANE CROSS and LAVERNE T. CROSS, husband and wife; ELDON HAZEN ROGERS and MARILYN A. ROGERS, husband and wife; CARL LEROY SMITH and JUANITA LENA […]
STATE v. WOLLEY, 278 Kan. 852 (2004)
STATE v. WOLLEY. No. 88,706.Supreme Court of Kansas. September 14, 2004. Reported below Unpublished. Petition for review denied.
STATE v. SCRUGGS, 206 Kan. 423 (1971)
479 P.2d 886 STATE OF KANSAS, Appellee, v. HAROLD DEAN SCRUGGS, Appellant. No. 45,854Supreme Court of Kansas Opinion filed January 23, 1971. SYLLABUS BY THE COURT CRIMINAL LAW — Sufficiency of Evidence — “Deadlocked Jury” Instruction — Contact Between Witness and Juror. The record of trial in which appellant was convicted by a jury of […]
ALEXANDER CONSTRUCTION CO. v. WEAVER, 3 Kan. App. 2d 298 (1979)
594 P.2d 248 ALEXANDER CONSTRUCTION COMPANY, Appellant, v. H. SANFORD WEAVER, Appellee. No. 49,604Court of Appeals of Kansas Opinion filed May 4, 1979 SYLLABUS BY THE COURT 1. LIMITATIONS OF ACTIONS — Filing of Foreign Judgments in Kansas. Kansas statutes of limitations, K.S.A. 60-511(5) and 60-516, govern the filing of foreign judgments in Kansas, whether […]
STATE v. PRATT, 255 Kan. 767 (1994)
876 P.2d 1390 STATE OF KANSAS, Appellee, v. DAVID ROYCE PRATT, Appellant. No. 69,904Supreme Court of Kansas Opinion filed July 8, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When the sufficiency of the evidence is challenged, the standard of review on appeal is whether, after review of […]
OAK PARK INVESTMENT CO. v. LUNDY’S, INC., 6 Kan. App. 2d 133 (1981)
626 P.2d 1236 OAK PARK INVESTMENT COMPANY, Appellant, v. LUNDY’S, INC., Appellee. No. 52,181Court of Appeals of Kansas Opinion filed April 24, 1981 SYLLABUS BY THE COURT 1. ATTORNEY FEES — Statutory Authorization. In Kansas it has generally been stated that the prevailing parties in a lawsuit are not entitled to recover attorney fees unless […]
WHITE v. HAND, 190 Kan. 472 (1962)
375 P.2d 616 RICHARD C. WHITE, Appellant, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee. No. 43,117Supreme Court of Kansas Opinion filed November 3, 1962. SYLLABUS BY THE COURT HABEAS CORPUS — Finding as to Counsel — Sufficiency of Journal Entry. In a habeas corpus proceeding, it is held that petitioner’s complaint […]
STATE v. KILTS, 35 Kan. App. 2d xviii (2006)
State v. Kilts. No. 92,681.Court of Appeals of Kansas. March 31, 2006. Appeal from the Cowley. Unpublished Opinions Affirmed.
DECISIONS WITHOUT PUBLISHED OPINIONS (Kan.App. 5-16-2003)
68 P.3d 652Court of Appeals of Kansas May 16, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Beauregard 88958 Sedgwick 05/16/2003 Affirmed State v. Ward 88965 Seward 05/16/2003 Affirmed in part and remanded with directions State v. Brown 89046 Reno 05/16/2003 Affirmed State v. Tellington 89157 Atchison 05/16/2003 Affirmed State v. […]
STATE v. STELLWAGEN, 232 Kan. 744 (1983)
659 P.2d 167 STATE OF KANSAS, Appellee, v. LARRY STELLWAGEN, Appellant. No. 54,124Supreme Court of Kansas Opinion filed February 19, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rape Shield Act. K.S.A. 60-447a (the rape shield act) provides a rape victim’s prior sexual activity is generally inadmissible since prior sexual activity, even with the […]
STATE v. WONSER, 217 Kan. 406 (1975)
537 P.2d 197 THE STATE OF KANSAS, Appellee, v. DAVID WONSER, Appellant. No. 47,682Supreme Court of Kansas Opinion filed June 14, 1975. SYLLABUS BY THE COURT CRIMINAL LAW — Indecent Liberties With a Child — Precise Time of Offense Not Necessary — Using Word “Rape” Not Prejudicial. In a prosecution for the crime of indecent […]
STATE v. JACKSON, 220 Kan. 807 (1976)
555 P.2d 1209 STATE OF KANSAS, Appellee, v. KENNETH DARREL JACKSON, a/k/a JESSE JACKSON, Appellant. No. 48,329Supreme Court of Kansas Opinion filed November 6, 1976. Appeal from Sherman district court; C.E. BIRNEY, judge. Opinion filed November 6, 1976. Ronald S. Shalz, of Cooper and Shalz, of Colby, argued the cause, and Gary E. Cooper, of […]
TAPP v. FERRELL CONSTR. CO., 36 Kan. App. 2d xxvi (2006)
Tapp v. Ferrell Constr. Co. No. 95,004.Court of Appeals of Kansas. August 11, 2006. Appeal from the Workers Comp. Bd. Unpublished Opinions Affirmed.
STATE v. MURNAHAN, 275 Kan. 967 (2003)
STATE v. MURNAHAN. No. 87,288.Supreme Court of Kansas February 5, 2003. Reported below Unpublished. Petition for review denied.
MENDENHALL v. ROSE, 210 Kan. 662 (1972)
504 P.2d 155 MARK MENDENHALL, Appellant, v. DELWIN F. ROSE, Appellee. No. 46,657Supreme Court of Kansas Opinion filed December 9, 1972. MEMORANDUM OPINION AUTOMOBILES — Guest Statute — Social Journey. Appeal from Sedgwick district court, division No. 2; HOWARD C. KLINE, judge. Opinion filed December 9, 1972. Affirmed. Lawrence McDonough and Emmet A. Blaes, of […]
LEAVENWORTH PLAZA ASSOCS. v. L.A.G. ENT., 28 Kan. App. 2d 269 (2000)
16 P.3d 314 LEAVENWORTH PLAZA ASSOCIATES, L.P., a Kansas limited partnership, Appellant, v. L.A.G. ENTERPRISES, a Kansas corporation, Appellee. No. 84,519Court of Appeals of Kansas Opinion filed December 8, 2000. SYLLABUS BY THE COURT 1. JURISDICTION — Issue Not Ripe for Adjudication When Only Possibilty of Future Controversy Exists. An issue is not ripe for […]
SHEPARD, EXECUTRIX v. JOHN HANCOCK MUTUAL LIFE INS. CO., 189 Kan. 125 (1962)
368 P.2d 19 ETHEL L. SHEPARD, Executrix of the Estate of M.L. Shepard, Deceased, and ETHEL L. SHEPARD, Appellees, v. THE JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a Corporation, Appellant. No. 42,349Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT MINES AND MINERALS — Reservation in Deed — Land Covered by […]
STATE v. OUTLAND, 291 Kan. XVIII (2010)
State v. Outland. No. 100,274.Supreme Court of Kansas. January 7, 2011. Appeal from the Unpublished. Petitions For Review Of Decisions Of The Court Of Appeals Denied.
MID KANSAS FED’L SAVINGS LOAN ASS’N v. BURKE, 233 Kan. 796 (1983)
666 P.2d 203 MID KANSAS FEDERAL SAVINGS AND LOAN ASSOCIATION OF WICHITA, KANSAS, Plaintiff, and CALDWELL AND ASSOCIATES, INC., Appellant, v. JAMES R. BURKE and CAROLE J. BURKE, Appellees. No. 54,369Supreme Court of Kansas Opinion filed July 15, 1983. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Relief from Judgment — Relief Due to “Surprise” […]
MERKEL v. BD. OF EMERGENCY MED., 36 Kan. App. 2d xvii (2006)
Merkel v. Board of Emergency Medical Services. No. 94,992.Court of Appeals of Kansas. October 20, 2006. Appeal from the Shawnee. Unpublished Opinions Affirmed.