Category: Kansas Court Opinions

123 P.3d 212 STATE v. SMOTHERMAN. No. 93,685.Court of Appeals of Kansas. December 2, 2005. Appeal from Johnson. Decision without published opinion. Appeal dismissed.

214 P.2d 316 HENSLEY HILL, VERONICA MILLER, DOSS WHITE, EMMA KUYKENDALL, F.B. WHITE, CHAS. GRAVES, CHAS. DIXON, R.L. EVANS, BERNHARD KOESTEL, RUSSELL CROTTS, H.O. MILLER, AL. MILLER, JOHN DEUPSER, HAROLD KOESTEL, CLAUDIAN FOUNTAIN, F.E. KRAUSE, ROSS McCOY, FRED DELLENBAUGH, HARRY HILL, and O.L. WILLIAMS, Appellees, v. THE PARTRIDGE COOPERATIVE EQUITY EXCHANGE, a corporation; and B.R. […]

538 P.2d 696 STATE OF KANSAS, Appellee, v. CLYDE GERALD SARGENT, Appellant. No. 47,674Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Power to Modify and Power to Reduce. K.S.A. 21-4603 (2) which grants to the district court the power to modify a sentence within […]

960 P.2d 756 STATE OF KANSAS, Appellee/Cross-appellant, v. JERRY R. CHASTAIN, Appellant/Cross-appellee. No. 76,092Supreme Court of Kansas Opinion filed May 29, 1998 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence — Suspect’s Right to Independent Alcohol Concentration Test — Admissibility of Police Test in Case of Officer’s Refusal to Permit Additional Test. […]

372 P.2d 55 THEODORE EUGENE JOBST, a Minor, by DOROTHY L. JOBST, His Mother, Next Friend and Natural Guardian, Appellee, v. BUTLER WELL SERVICING, INC., and WILLIAM LEE HANKS, Appellants, and DAVID L. BASS, Defendant. STEVEN BECKER JOBST, a Minor, by DOROTHY L. JOBST, His Mother, Next Friend and Natural Guardian, Appellee, v. BUTLER WELL […]

416 P.2d 771 DALE F. SCAMMAHORN, Plaintiff-Appellee, v. GIBRALTAR SAVINGS LOAN ASSOCIATION, Defendant-Appellant. No. 44,612Supreme Court of Kansas Opinion filed July 14, 1966. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Appeal from Decisions, Findings, Awards or Rulings — How Perfected. Under the provisions of K.S.A. 44-556, an appeal from any or all decisions, findings, […]

921 P.2d 1210 JOLETA RIPLEY, Appellant, v. B. E. “JACK” TOLBERT and PEARL TOLBERT, Appellees. No. 74,583Supreme Court of Kansas Opinion filed July 12, 1996 SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Motion to Dismiss — Legal Sufficiency of Claim — Resolution of Disputed Issues of Fact. Disputed issues of fact cannot be resolved […]

494 P.2d 1142 OCIE CRIBBS, Appellant, v. PACIFIC INTERMOUNTAIN EXPRESS, Appellee. No. 46,255Supreme Court of Kansas Opinion filed March 4, 1972. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Rule No. 6 — Effect of Delays — Extensions of Time. Rule 6 (p) of this court relating to appellate practice (205 Kan. xxxi-xxxii) mandates […]

228 P.2d 694 J.R. RAUH and FRANK BUSBOOM, a copartnership, doing business under the firm name and style of Finance Credit Company, Appellants, v. DONALD H. DUMLER and THE HOME STATE BANK, Appellees. No. 38,178Supreme Court of Kansas Opinion filed March 10, 1951. SYLLABUS BY THE COURT 1. REPLEVIN — Title or Right to Possession. […]

92 P.3d 578 STATE OF KANSAS, Appellee, v. THERESA A. BARNES, Appellant. No. 89,628.Supreme Court of Kansas. Opinion filed June 25, 2004. SYLLABUS BY THE COURTCRIMINAL LAW — Aiding and Abetting the Manufacture of Methamphetamine — Sentence Controlled by Decision Filed in Another Case While Current Appeal Pending. The decision in State v. McAdam, 277 […]

687 P.2d 1383 CITY OF KANSAS CITY, KANSAS, Appellee, v. ROBERT P. SHERMAN, Appellant, and CINDY M. DEMETRE, Appellant. No. 56,212Court of Appeals of Kansas Opinion filed October 4, 1984 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Jurisdiction of Appellate Court. Appellate jurisdiction is a matter of statute. When the record discloses a lack […]

177 P.3d 972 STATE OF KANSAS, Appellee, v. MICHAEL W. SCOTT, Appellant. No. 96,879.Court of Appeals of Kansas. Opinion filed February 22, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When a defendant challenges the sufficiency of the evidence in a criminal case, an appellate court must consider all […]

256 P.2d 847 STATE OF KANSAS, Appellee, v. KENNETH FLETCHER, Appellant. No. 39,002Supreme Court of Kansas Opinion filed May 9, 1953. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Crime Against Nature — Admissibility of Photographs — Instructions. The record examined in a criminal action where the defendant was convicted of the offense denounced by […]

250 P.2d 798 In the Matter of the Petition of Virgil Current for a Writ of Habeas Corpus, VIRGIL CURRENT, Petitioner, v. ROBERT H. HUDSPETH, Warden, Kansas State Penitentiary, Respondent. No. 38,894Supreme Court of Kansas Opinion filed December 6, 1952. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentence — Second Offenders. It is the […]

62 P.3d 707Court of Appeals of Kansas November 16, 2001 Title Docket Appeal Date of Decision Number From Decision State v. Coon 86689 Lyon 11/16/2001 Affirmed State v. Dahna 85324 Ford 11/16/2001 Reversed and remanded with directions

160 P.3d 854 STATE OF KANSAS, Appellee, v. ROBERT J. GAUDINA, Appellant. No. 95,854.Supreme Court of Kansas. Opinion filed June 22, 2007. SYLLABUS BY THE COURT1. CRIMINAL LAW — Resentencing of Defendant Who Served Time in Prison — Defendant Not Entitled to Credit against Postrelease Supervision Period. A defendant who is resentenced after serving time […]

44 P.3d 407 KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellant, v. KUTAK ROCK, Appellee. No. 87,044Supreme Court of Kansas Opinion filed: April 19, 2002. SYLLABUS BY THE COURT 1. NEGLIGENCE — Existence of Legal Duty — Appellate Review. The existence of a legal duty is a question of law over which the court exercises unlimited review. […]

161 P.3d 755 IN THE MATTER OF THE APPEAL OF THE DIRECTOR OF PROPERTY VALUATION, FROM AN ORDER OF THE BOARD OF TAX APPEALS EXEMPTING STORED NATURAL GAS FROM PROPERTY TAXATION. No. 96,986.Supreme Court of Kansas. Opinion filed July 13, 2007. SYLLABUS BY THE COURTOIL AND GAS — Ad Valorem Tax — Exemption from Tax […]

602 P.2d 1377 STATE OF KANSAS, Appellee, v. GEORGE ANDREW WASHINGTON, JR., Appellant. No. 51,016Supreme Court of Kansas Opinion filed December 1, 1979. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Probable Cause to Make Search and Seizure without a Warrant — Knowledge of Officers Working Case Considered Collectively. When two police officers are working […]

464 P.2d 1 JEAN KECK SIPES and JUNE KECK RICE, d/b/a KECK TWINS BEAUTY SHOP, Appellants, v. LUCILLE S. CRUM, Individually, and as Administratrix of the Estate of Edwin E. Crum, Deceased, Appellee. No. 45,535Supreme Court of Kansas Opinion filed January 24, 1970. SYLLABUS BY THE COURT 1. FIDUCIARY RELATIONSHIP — Confidence. Confidence alone is […]

563 P.2d 1096 BARTLETT AND COMPANY, GRAIN, Appellant, v. E.O. CURRY, Appellee. No. 48,188Court of Appeals of Kansas Opinion filed April 29, 1977 SYLLABUS BY THE COURT 1. CONTRACTS — Duration. Generally a contract which specifies the period of its duration terminates on the expiration of such period. 2. SAME — Preventing Performance — Effect. […]

964 P.2d 699 MARK S. GIETZEN, Appellant v. PAUL FELECIANO, JR., Appellee. No. 78,740Court of Appeals of Kansas Opinion filed September 18, 1998. SYLLABUS BY THE COURT 1. LIBEL AND SLANDER — Published Statements Admitted by Plaintiff to Be True — Summary Judgment. In a libel action where the published statements are admitted by the […]

389 P.2d 773 CHARLOTTE ANSTAETT, Appellee, v. WILLIAM CHRISTESEN and OSAGE COUNTY MOTORS, Inc., Appellants. Nos. 43,489 and 43,566 ConsolidatedSupreme Court of Kansas Opinion filed March 7, 1964. SYLLABUS BY THE COURT APPEAL AND ERROR — Motion to Reduce Verdict — Invited and Implied Consent — No Review. Where defendants moved to reduce a verdict […]

573 P.2d 1117 STATE OF KANSAS, Appellee, v. ANTHONY JEROME HOLT and RONALD EDWARD HAYES, Appellants. No. 48,977Court of Appeals of Kansas Opinion filed January 6, 1978 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Admissibility of Voluntary Extrajudicial Statement by Accused. When the trial court conducts a full preliminary inquiry on the admissibility of […]

654 P.2d 917 PHILLIP W. STANFIELD, Appellee, Cross-Appellant, v. OSBORNE INDUSTRIES, INC., Appellant. No. 52,877Supreme Court of Kansas Opinion filed December 3, 1982. SYLLABUS BY THE COURT 1. CONTRACTS — Construction — Appellate Review. Regardless of the construction of a written instrument made by the trial court, on appeal the instrument may be construed and […]

896 P.2d 367 STATE OF KANSAS, Appellant, v. DOUGLAS LONGBINE, Appellee. No. 70,777Supreme Court of Kansas Opinion filed June 2, 1995. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Search Warrant — Probable Cause. Before a search warrant may be issued, there must be a finding of probable cause by a neutral and detached magistrate. […]

605 P.2d 545 CARL NORDSTROM and CLEO NORDSTROM, Appellees and Cross-Appellants, v. JOHN LEE MILLER and MARILEE MILLER; Appellants, LEGERE REAL ESTATE AUCTION CO., INC., and ROBERT LEGERE, personally, Cross-Appellees. No. 50,101Supreme Court of Kansas Opinion filed January 19, 1980. SYLLABUS BY THE COURT 1. REAL PROPERTY — Misrepresentation of Land by Owner — Sale […]

77 P.3d 1008Court of Appeals of Kansas September 19, 2003 Title Docket Appeal Date of Decision Number From Decision State v. Davis 87,192 Sedgwick 09/19/2003 Affirmed State v. Trammell 88,722 Johnson 09/19/2003 Affirmed State v. Artzer 88,777 Nemaha 09/19/2003 Affirmed in part, sentence vacated, and case remanded with directions State v. Jackson 88,865 Wyandotte 09/19/2003 […]

522 P.2d 411 STATE OF KANSAS, Appellee, v. RICHARD DELWAYNE CLARK, Appellant. No. 47,038Supreme Court of Kansas Filed May 29, 1974. OPINION ON MOTION FOR REHEARING CRIMINAL LAW — Opinion Modified and Corrected. Appeal from Sedgwick district court, division No. 3; B. MACK BRYANT, judge. Original opinion modified and motion for rehearing denied. Filed May […]

673 P.2d 1106 STATE OF KANSAS, Appellee, v. HOWARD WHITE, Appellant. No. 54,760Supreme Court of Kansas Opinion filed December 2, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Application to Agreement on Detainers Act. The 180-day speedy trial provision contained in Article III of the interstate Agreement on Detainers, K.S.A. 22-4401 […]

192 P.2d 135 WAYNE SNEDKER, by his mother, his natural guardian, and next friend, LORENA SNEDKER, Appellee, v. THE DERBY OIL COMPANY INC., L.R. BONTRAGER and GLEN STRIPLIN, Defendants, THE EMPLOYERS LIABILITY ASSURANCE CORPORATION, LTD., Garnishee Appellant. No. 37,028.Supreme Court of Kansas. January Term 1948. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Review of […]

293 P.2d 264 WILLIS O. TRUE, JR., Appellant, v. CHARLES A. EDMONDSON, Warden Kansas State Penitentiary, Appellee. No. 39,718Supreme Court of Kansas Opinion filed January 28, 1956. SYLLABUS BY THE COURT HABEAS CORPUS — Sufficiency of Grounds — Writ Denied. In an appeal from an order denying an application for a writ of habeas corpus, […]

504 P.2d 580 STATE OF KANSAS, Appellee, v. JUNIOR D. KLIEWER d/b/a K S MOTOR CO., Appellant. No. 46,825Supreme Court of Kansas Opinion filed December 9, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Criminal Liability — Liability for Crimes of Another. Under K.S.A. 1971 Supp. 21-3205 a person is criminally responsible for a […]

974 P.2d 520 MARVIN BERGSTROM; MARILYN BERGSTROM; BEN DREESEN; KAREN DREESEN; and FARMERS LIVESTOCK COMMISSION CO., INC., a Kansas Corporation, Appellants, v. DON W. NOAH; NOAH HARRISON, P.A.; and LYLE J. KOENIG, Appellees, ROGER McCARTNEY, d/b/a/ STOCKMAN’S LIVESTOCK EXCHANGE; and CHARLENE McCARTNEY, Defendants. No. 79,453Supreme Court of Kansas Opinion Filed March 5, 1999. SYLLABUS BY […]

379 P.2d 275 In re Estate of Alice B. Lester, deceased. (ROSA GADDIE, et al., Appellees, v. DELBERT SHIELDS, Appellant.) No. 43,074Supreme Court of Kansas Opinion filed March 2, 1963. SYLLABUS BY THE COURT WILLS — Construction — No Class Gift Created. In an action to construe a will, the provisions of the entire will, […]

68 P.3d 165 ABDIWALI ABDI MUSSE, Plaintiff/Appellee, and ALLSTATE INDEMNITY COMPANY, Intervenor/Appellant, v. ARNULFO GARCIA, Defendant/Appellee, and AHMED B. SHEIKH-MOHAMMED, and HUSSEIN B. SHEIKH-MOHAMMED, Intervenors/Appellees. No. 88,723.Court of Appeals of Kansas. Opinion filed May 9, 2003. SYLLABUS BY THE COURT1. INSURANCE — Kansas Automobile Injury Reparations Act — Insurer’s Subrogation Rights against Plaintiff’s Recovery from […]

703 P.2d 818 THE WESLEY MEDICAL CENTER, Plaintiff-Appellee, v. THE CITY OF WICHITA, KANSAS, Defendant-Appellant, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, Defendant/Appellee, and GEORGE E. RAINEY, Defendant. No. 57,546Supreme Court of Kansas Opinion filed July 26, 1985. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Medical Expenses of Indigent Accused […]

468 P.2d 153 STATE OF KANSAS, Appellant, v. KENNETH CHRISTENDON, Appellee. No. 45,567Supreme Court of Kansas Opinion filed April 11, 1970. SYLLABUS BY THE COURT 1. ARSON — First Degree Arson — Necessary Element. A necessary element of the crime of first degree arson as defined in K.S.A. 21-581 is that the building burned be […]

608 P.2d 946 STATE OF KANSAS, Appellee, v. TERRY L. PONDS, Appellant. No. 50,897Supreme Court of Kansas Opinion filed April 5, 1980. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Photographic Identification — Admissibility. Where a photo lineup identification is challenged on the grounds of improper police procedures, the totality of the circumstances is analyzed […]

391 P.2d 100 PAUL HOLMSTROM, Appellee and Cross-Appellant, v. FRANK SULLIVAN, Commissioner of Insurance, State of Kansas, Appellant and Cross-Appellee. Nos. 43,555 and 43,576 ConsolidatedSupreme Court of Kansas Opinion filed April 11, 1964. SYLLABUS BY THE COURT 1. INSURANCE — When Applicant for License May Bring Action. An applicant for an insurance agent’s license has […]

433 P.2d 380 FELIX A. EVANGELIST, Appellant, v. BELLERN RESEARCH CORPORATION, a Corporation; BROCKWAY GLASS CO., a Corporation; OWENS-ILLINOIS GLASS COMPANY, a Corporation; CONWAY SPRINGS BOTTLING COMPANY, a Corporation, and PEPSI-COLA BOTTLING COMPANY OF WICHITA, a Corporation, Appellees. No. 44,799Supreme Court of Kansas Opinion filed November 13, 1967. SYLLABUS BY THE COURT 1. APPEAL AND […]

186 P.3d 840 MARVA JOLENE ADEE, Deceased, Appellant, v. RUSSELL STOVER CANDIES, INC., and TRAVELERS INDEMNITY COMPANY OF AMERICA, Appellees. No. 99,257.Court of Appeals of Kansas. Opinion filed July 3, 2008. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Appellate Review of Workers Compensation Board’s Decision When Facts Undisputed — De Novo Review. When the facts […]

48 P.3d 1290 STEVE BURCHETT and DIANE BURCHETT, Appellants, v. KANSAS MUTUAL INSURANCE COMPANY, Appellee. No. 88,146Court of Appeals of Kansas Opinion filed: July 5, 2002. Petition for review denied 274 Kan. 1111 (2002). SYLLABUS BY THE COURT INSURANCE — Fire Insurance Policy — Recovery Preconditioned on Repair or Replacement — Calculation of Payment. Where […]

734 P.2d 1083 HARRIS ENTERPRISES, INC., Appellant, v. DENNIS W. MOORE, district attorney, Appellee, CITY OF OLATHE, Intervenor-Appellee/Cross-Appellant, and CAROLE and JOHN DUFFIELD, Intervenors-Appellees. No. 59,019Supreme Court of Kansas Opinion filed March 27, 1987. SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. The fundamental rule of statutory construction is that the purpose […]

498 P.2d 48 STATE OF KANSAS, Appellee, v. EDNA EDWARDS, JR., Appellant. No. 46,623Supreme Court of Kansas Opinion filed June 10, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Liability for Crime of Another. K.S.A. 1971 Supp. 21-3205, effective July 1, 1970, which holds a person criminally responsible if he intentionally aids or abets […]

293 P.2d 1020 PHILIP ROTH, EARL McCULLOUGH, KATIE E. SANDERS, GRANT HINES, RUSSELL HINES, WALTER J. WELCH, PAULINE SHELLHORN, JEAN H. ALLEN, GLENN WALKER, and RALPH SPARKS, Appellants, v. COMMON SCHOOL DISTRICT No. 34, Neosho County, State of Kansas; J.M. SANDERS, as Director, WALTER R. MEEKER, as Treasurer, DUWARD HINES, as Clerk of the School […]

38 P.3d 735 In the Matter of GEORGE A. GRONEMAN, Respondent. No. 87,720Supreme Court of Kansas Opinion filed: January 25, 2002. ORIGINAL PROCEEDING IN DISCIPLINE JUDGES — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed January 25, 2002. Published censure. Edward G. Collister, Jr., examiner, argued the cause for the Commission on […]

483 P.2d 1089 MICHAEL G. ROHR, by and through Julius Rohr, his Father and Next Friend, Appellee, v. WILLIAM F. HENDERSON, Appellant. No. 45,939Supreme Court of Kansas Opinion filed April 10, 1971. SYLLABUS BY THE COURT 1. TRIAL — Special Verdict Procedure. The design of the special verdict procedure is to obtain answers to questions […]

98 P.3d 303 STATE v. WOODS. No. 91,454.Court of Appeals of Kansas October 1, 2004. Appeal from the Sedgwick. Decision Without Published Opinion. Affirmed.

935 P.2d 225 DALLAS NICOLE MAJOR, A MINOR, BY AND THROUGH HER NATURAL MOTHER AND NEXT FRIEND, SHELLI MAJOR, Appellant, v. CASTLEGATE, INC., Appellee. No. 75,286Court of Appeals of Kansas Opinion filed March 28, 1997 SYLLABUS BY THE COURT 1. NEGLIGENCE — Respondeat Superior — Test of Agency — Question of Law. The doctrine of […]

219 P.3d 857 LELAND KENT SHAW, Appellant, v. SOUTHWEST KANSAS GROUNDWATER MANAGEMENT DISTRICT THREE, Appellee. No. 101,416.Court of Appeals of Kansas. Opinion filed November 20, 2009. SYLLABUS BY THE COURT1. SUMMARY JUDGMENT — Application. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that […]

280 P.2d 584 GRACE BATES FORCE, Appellant, v. JOHN C. BATES and NELL BATES, Appellees. No. 39,551Supreme Court of Kansas Opinion filed March 5, 1955. SYLLABUS BY THE COURT 1. PLEADING — New Action — Sufficiency of Petition. Where an action is brought pursuant to G.S. 1949, 60-311, the second petition must contain allegations bringing […]

392 P.2d 858 LODIE MARIETTA, Appellant, v. VERNON C. SPRINGER, d/b/a Rusty’s Food Center, Appellee. No. 43,711Supreme Court of Kansas Opinion filed June 6, 1964. SYLLABUS BY THE COURT NEGLIGENCE — Dangerous Condition — Business Invitee — Demurrer to Evidence. The record examined in an action for damages for personal injuries sustained by plaintiff, a […]

409 P.2d 1007 BRUCE MITCHEL HARRAH, Appellee, v. WILMA B. HARRAH, Appellant. No. 44,285Supreme Court of Kansas Opinion filed January 22, 1966. SYLLABUS BY THE COURT 1. STATUTES — Repeal by Implication Not Favored. It is a well established rule in this jurisdiction that repeal of a statute by implication is not favored in the […]

521 P.2d 401 MARTIN BAUGHER and H.R. KROKSTROM, partners, d/b/a Chanute Livestock Auction, Appellees, v. HARTFORD FIRE INSURANCE COMPANY, a corporation, Appellant. No. 47,357Supreme Court of Kansas Opinion filed May 11, 1974. SYLLABUS BY THE COURT 1. TRIAL — Pre-trial Conference — Part of the Procedural Process — What Conference Designed to Accomplish. The pre-trial […]

538 P.2d 637 STATE OF KANSAS, Appellee, v. BENJAMIN MATTHEWS, Appellant. No. 47,702Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — What Term “Unreasonable Search” Implies. An “unreasonable search,” as that term is used in the Fourth Amendment to the Constitution of the United States and […]

238 P.2d 467 J.D. VICK, Appellee, v. LUCILLE M. MORTON, doing business as, SHADYBROOK STABLES, Appellant. No. 38,451Supreme Court of Kansas Opinion filed December 8, 1951. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Employer’s Election to Accept Benefits of Act — Changing Election — Defenses Available. The provisions of G.S. 1949, 44-544, which under certain […]

992 P.2d 812 CHURCH OF GOD IN CHRIST, NEW JERUSALEM CHURCH OF GOD IN CHRIST, and KANSAS SOUTHWEST CHURCH OF GOD IN CHRIST, Appellees, v. BOARD OF TRUSTEES OF NEW JERUSALEM CHURCH OF GOD IN CHRIST; ESSIE WITHERSPOON, NAPOLEON DEVORCE, JAMES WITHERSPOON, HOSEA COHENS, and ULYSSES WASHINGTON, Appellants. No. 80,679Court of Appeals of Kansas Opinion […]

267 P.2d 526 PURL HOFFMAN, Appellant, v. GEORGE H. HILL, Appellee. C.C. HOFFMAN, Appellant, v. GEORGE H. HILL, Appellee. Nos. 39,214, 39,215Supreme Court of Kansas Opinion filed March 6, 1954. SYLLABUS BY THE COURT 1. NEGLIGENCE — Res Ipsa Loquitur Rule of Evidence. The doctrine of res ipsa loquitur is a rule of evidence and […]

270 P.2d 259 MRS. MARNE D. SILVERS, Widow of Marne D. Silvers, Deceased, Appellee, v. EARL F. WAKEFIELD and UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellants. No. 39,266Supreme Court of Kansas Opinion filed May 8, 1954. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Injuries Arising Out of or in Course of Employment. In a […]

770 P.2d 847 EUGENE SALOGA, Appellee, v. CENTRAL KANSAS CREDIT UNION, Appellant. No. 62,514Court of Appeals of Kansas Opinion filed March 24, 1989 Rev’d 245 Kan. 668, 783 P.2d 339 (1989). SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — “Delivery” Defined. “Delivery” with respect to instruments, documents of title, chattel paper, or certified securities […]

143 P.3d 92 STATE OF KANSAS, Appellee, v. AARON G. GOMEZ, Appellant. No. 93,591.Court of Appeals of Kansas. Opinion filed September 29, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Multiplicity — Constitutional Considerations. Multiplicity is the charging of a single offense in several counts of a complaint or information. The reason multiplicity must be […]

493 P.2d 224 DAVID HILL, By and Through His Next of Friends and Natural Guardians, Paul Hill and Mary Hill, Appellee, v. WILLIAM A. WYMER and LOUISE HARMON, Appellants. MICHAEL HILL, By and Through His Next Friends and Natural Guardians, Paul Hill and Mary Hill, Appellee, v. WILLIAM A. WYMER and LOUISE HARMON, Appellants. PAUL […]

981 P.2d 248 AMERICAN TRUST ADMINISTRATORS, INC., Appellant, v. KATHLEEN SEBELIUS, as the Commissioner of Insurance for the State of Kansas, Appellee. No. 81,046Supreme Court of Kansas Opinion filed June 4, 1999. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Final Decision from Which to Appeal. A final decision is one which finally decides […]

438 P.2d 74 W.W. HARBAUGH and HELEN HARBAUGH, Appellants, v. ADELINE DARR, Appellee. No. 44,958Supreme Court of Kansas Opinion filed March 9, 1968. SYLLABUS BY THE COURT 1. AUTOMOBILES — Collision — Death of Minor Child — Instruction on Sudden Emergency — Erroneous Special Questions. The record is examined in a negligence action brought to […]

510 P.2d 1223 THE TRI-STATE HOTEL COMPANY, INC., ROGER B. FITCH, KENNETH C. FITCH, LOUISE B. FITCH, and the FOURTH NATIONAL BANK AND TRUST COMPANY, WICHITA, a National Banking Association, as Trustee, Appellants, v. SPHINX INVESTMENT CO., INC., Appellee. No. 46,730Supreme Court of Kansas Opinion filed June 9, 1973. SYLLABUS BY THE COURT 1. VENDOR […]

290 P.2d 93 CHRISTINA FROELICH, Appellee, v. UNITED ROYALTY COMPANY, an express trust, and M.H. WATTS, S.M. BROWN and RUTH STEWART, as trustees thereof, Appellants. FRANK FROELICH, Appellee, v. UNITED ROYALTY COMPANY, an express trust, and M.H. WATTS, S.M. BROWN and RUTH STEWART, as trustees thereof, Appellants. Nos. 39,840, 39,841Supreme Court of Kansas Opinion filed […]

714 P.2d 948 In the Matter of the Estate of Frank J. Williams, Deceased. KRIS L. ARNOLD, as Trustee in Bankruptcy for the Estate of NELLE RAE WILLIAMS GILMORE, Appellant, v. BENJAMIN F. FARNEY, as Administrator of the Estate of Frank J. Williams, Deceased, and TERRY L. REES, as Conservator for Margaret R. Gilmore, Dorothy […]

987 P.2d 348 ROBERT E. PITTS, D.D.S., Appellant, v. THE KANSAS DENTAL BOARD, Appellee. No. 82,345Supreme Court of Kansas Opinion filed July 9, 1999 SYLLABUS BY THE COURT ADMINISTRATIVE LAW — Kansas Dental Board — Authority of Board to Reinstate Revoked License. In an appeal from the district court’s affirmance of a decision of the […]

523 P.2d 737 STATE OF KANSAS, Appellee, v. CARL S. ATKINSON, Appellant. No. 47,342Supreme Court of Kansas Opinion filed June 15, 1974. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Possession of Forgery Device — Check Protector. A check protector is a device adaptable for use in forging a check but to constitute the offense […]

573 P.2d 614 HENRY SCRIVNER, STANLEY BENSON, PHYLLIS McKENNA, QUINCY KELLER, EUGENE WATSON, LOUIS MITCHELL, et al., Appellants, v. TWIN AMERICAS AGRICULTURAL and INDUSTRIAL DEVELOPERS, INC., A Corporation, Appellee. No. 48,228Court of Appeals of Kansas Opinion filed June 24, 1977 Petition for review denied September 8, 1977. SYLLABUS BY THE COURT 1. WRIT OF PROCESS […]

542 P.2d 701 In re Inquiry Relating to ROBERT M. BAKER, District Judge. Original Proceedings Relating To Judicial Conduct. No. 47,860Supreme Court of Kansas Opinion filed November 8, 1975. SYLLABUS BY THE COURT 1. JUDGES — Judicial Conduct — Campaign Conduct — Pledges. Canon 7 B (1) (c) of the Code of Judicial Conduct prohibits […]

264 P.2d 1053 R.A. SMITH and N.M. SMITH, Appellants, v. THE CITY OF PRAIRIE VILLAGE, KANSAS, a Municipal Corporation, and M.J. QUAINTANCE, Treasurer of Johnson County, Kansas, Appellees. No. 39,134Supreme Court of Kansas Opinion filed December 12, 1953. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Taxes Paid Under Protest — Who May Maintain Action. In […]

229 P.2d 1019 FRANCIS PIERSON, Appellee, v. KENNETH BRENNEMAN, Appellant. No. 38,121Supreme Court of Kansas Opinion filed April 7, 1951. SYLLABUS BY THE COURT 1. INFANTS — Process — Sufficiency. Jurisdiction of a party defendant is a prerequisite to the rendition of a valid judgment against him. As to a minor defendant jurisdiction is acquired […]

515 P.2d 1040 EULYSESS M. REID, Appellant, v. STATE OF KANSAS, Appellee. No. 47,189Supreme Court of Kansas Opinion filed November 3, 1973. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Confinement in Isolation — Effect on Plea of Guilty. Confinement in isolation is not sufficient in and of itself to sustain a finding that a […]

348 P.2d 634 ED HUGHES, Appellee, v. HARRY HANLEN, Appellant. No. 41,577Supreme Court of Kansas Opinion filed January 23, 1960. SYLLABUS BY THE COURT APPEAL AND ERROR — Denial of Motion for New Trial Not Specified as Error — Review. Matters specified as error, in order to be reviewable, must be within the purview of […]

42 P.3d 142 STATE OF KANSAS, Appellee, v. ALROY V. MARTENS, Appellant. No. 84,635Supreme Court of Kansas Opinion filed: March 15, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Defective Complaint — Appellate Review. An appellate court’s review of an allegedly defective complaint or information is unlimited. 2. STATUTES — Construction — Appellate Review. […]