Category: Kansas Court Opinions

769 P.2d 678 In the Matter of the Marriage of ROGER HARRISON, Appellee, and PAMELA L. HARRISON, Appellant. No. 61,776Court of Appeals of Kansas Opinion filed March 3, 1989 SYLLABUS BY THE COURT DIVORCE — Military Retirement Pay — Marital Property Subject to Division. Pursuant to K.S.A. 23-201(b), military retirement pay, whether vested or unvested, […]

747 P.2d 784 STATE OF KANSAS, Appellee, v. TERESA E. CLASSEN a/k/a LATISA MECHEUX a/k/a THERESA E. CLASSEN a/k/a LATRICIA E. MECHEAUX, Appellant, and STATE OF KANSAS, Appellee, v. LATISA MICHEAUX, Appellant. Nos. 59,911 and 59,912Supreme Court of Kansas Opinion filed December 11, 1987. SYLLABUS BY THE COURT 1. INDICTMENT OR INFORMATION — Sufficiency of […]

9 P.3d 18 STATE OF KANSAS, Appellee, v. JASON A. FULTON, Appellant. No. 82,504Supreme Court of Kansas Opinion filed July 21, 2000. SYLLABUS BY THE COURT 1. JURIES — Juror Misconduct — New Trial — Burden of Proof. Juror misconduct is not a ground for reversal, new trial, or mistrial unless it is shown by […]

887 P.2d 105 STATE OF KANSAS, Appellee, v. JESUS V. MEDINA, Appellant. No. 69,929.Supreme Court of Kansas Opinion filed December 22, 1994. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sentencing — Abuse of Trial Court Discretion — Appellate Review. The determination of whether a sentence has resulted in manifest injustice must be decided on […]

768 P.2d 308 ROBERT E. MILLER, Claimant, v. ROBERT E. MILLER AND ST. PAUL FIRE and MARINE INSURANCE COMPANY, Appellants, and WORKERS’ COMPENSATION FUND, Appellee. No. 62,298Court of Appeals of Kansas Opinion filed February 3, 1989 SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Compensation Awarded to Self-employed Person Who Qualifies as Handicapped Employee under Workers’ […]

671 P.2d 539 STATE OF KANSAS, Appellee, v. HENRY D. PONDEXTER, Appellant. No. 55,146Supreme Court of Kansas Opinion filed October 21, 1983. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review.” In a criminal action where the defendant contends the evidence at trial was insufficient to sustain a conviction, the […]

460 P.2d 515 LEO ZEIGLER, Appellant, v. BETHENA S. CONGER, Appellee. No. 45,440Supreme Court of Kansas Opinion filed November 8, 1969. SYLLABUS BY THE COURT 1. CONTRACTS — Unfilled Blanks as to Unessential Matters — Surplusage. If a clause of a contract is otherwise intelligible and the intention of the parties ascertainable, unfilled blanks concerning […]

175 P.3d 832 STATE OF KANSAS, Appellee, v. TINA M. MARTIN, Appellant. No. 95,819.Supreme Court of Kansas. Opinion filed February 1, 2008. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Dispositional Departure Sentence — Appellate Review. An appellate court’s review of dispositional departure sentences is limited to whether the sentencing court’s findings of fact […]

22 P.3d 161 In the Matter of the Estate of ZETA STUMP, Deceased. No. 85,214Court of Appeals of Kansas Opinion filed: April 27, 2001. SYLLABUS BY THE COURT 1. WILLS — Legal Effect of Terms of Will — Appellate Review. The legal effect of the terms of a written last will and testament is a […]

113 P.3d 274 MILLER v. STAAB. No. 91,931.Court of Appeals of Kansas. June 17, 2005. Appeal from Phillips. Decision without published opinion. Affirmed.

356 P.2d 672 LEWIS BREMER, III, Appellant, v. ROSE P. BREMER, Appellee. No. 41,814Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT 1. TRIAL — Credibility and Weight of Evidence. In a suit for divorce and alimony, the matter of credibility and weight of the evidence is for determination by the […]

457 P.2d 1 FREETO CONSTRUCTION CO., Appellant, v. AMERICAN HOIST DERRICK CO., and WARNER-SWAZEY MANUFACTURING CO., INC., Appellees. No. 45,376Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT 1. TRIAL — Pretrial Orders — Effect. Orders entered at pretrial conference have the full force of other orders of the court and […]

891 P.2d 1118 STATE OF KANSAS, Appellee, v. TERRY GEORGE, Appellant. No. 71,264[1] Court of Appeals of Kansas Opinion filed March 10, 1995 Petition for review denied 257 Kan. 1094 (1995). [1] REPORTER’S NOTE: By order of the Court of Appeals dated March 28, 1995, the opinion was modified. The opinion is printed as modified. […]

866 P.2d 1076 WATER DISTRICT No. 1 OF JOHNSON COUNTY, Petitioner/Appellee, v. KANSAS WATER AUTHORITY, Respondent/Appellee, and KANSAS NATURAL RESOURCE COUNCIL, Intervenor/Appellant. No. 70,163Court of Appeals of Kansas Opinion filed January 14, 1994 SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Appellate Review of District Court’s Review of Agency Decision. K.S.A. 77-621(c) provides the scope […]

949 P.2d 1132 MARTIN RUDDICK, Claimant-Appellee, v. THE BOEING COMPANY and AETNA CASUALTY SURETY COMPANY, Respondent and Insurance Carrier/Appellants, and WORKERS COMPENSATION FUND, Appellee. No. 78,343.Supreme Court of Kansas Opinion filed December 12, 1997 SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — Appellate Review of Decision by Workers Compensation Board. Review by the appellate courts […]

244 P.2d 215 AUGUST F. DIEHN, Appellant, v. L.R. PENNER, GEORGE RUSSELL, and M.J. ZIEGLER, Board of County Commissioners of Johnson County, Kansas, and GOVERNING BOARD OF MISSION TOWNSHIP, MAIN SEWER DISTRICT No. 1, JOHNSON COUNTY, KANSAS, Appellees. No. 38,595Supreme Court of Kansas Opinion filed May 10, 1952. SYLLABUS BY THE COURT APPEAL AND ERROR […]

238 P.3d 293 ESTATE OF JEFFREY MILLS, by and through its Special Administrator, LARRY MILLS; CARRIE LYNN TUCKER, individually; and ELIZABETH MILLS, SADIE MILLS, and Ross MILLS, Heirs at Law, by and through CHARLES E. WORDEN, Guardian ad litem, Appellants, v. EDWARD L. MANGOSING, M.D., TODD RIGGS, D.O., and DOMINADOR PERIDO, M.D., Appellees, and BOARD […]

112 P.3d 162 In the Matter of LISA ANN NATHANSON, a/k/a LISA ANN TARLOWE, Respondent. No. 93,933.Supreme Court of Kansas. Opinion Filed June 3, 2005. ORIGINAL PROCEEDING IN DISCIPLINE.ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. Original proceeding in discipline. Opinion filed June 3, 2005. Disbarment. Alexander M. Walczak, deputy disciplinary administrator, argued the cause […]

14 P.3d 1154 KANSAS BAR ASSOCIATION, JACK R. EULER and JOEL R. EULER, Petitioners, v. THE JUDGES OF THE THIRD JUDICIAL DISTRICT, VIZ. HON. MARLA J. LUCKERT, CHIEF JUDGE, et al., Respondents. No. 84,545Supreme Court of Kansas Opinion filed December 15, 2000. SYLLABUS BY THE COURT MANDAMUS — Action to Declare Section of Small Claims […]

639 P.2d 458 STATE OF KANSAS, Appellee, v. PEARLIE JUNIOR MOORE, Appellant. No. 52,932Supreme Court of Kansas Opinion filed January 15, 1982. SYLLABUS BY THE COURT 1. EVIDENCE — Expert Witness — Opinion on Ultimate Issue. Although an expert witness may give an opinion on an ultimate issue as provided in K.S.A. 60-456(d), such witness […]

783 P.2d 1310 MARGARET K. CORBET AND KENNETH CORBET, Appellees, v. THE BOARD OF SHAWNEE COUNTY COMMISSIONERS, et al., Appellants. No. 63,398Court of Appeals of Kansas Opinion filed December 15, 1989 SYLLABUS BY THE COURT ZONING — Wildlife Hunting Preserve Operated on Agricultural Land — Special Use Permit Not Required — Operation of Preserve Exempt […]

211 P.2d 89 CLARENCE HILYARD, JR., Claimant, Appellee, v. LOHMANN-JOHNSON DRILLING COMPANY, Respondent, and BITUMINOUS CASUALTY CORPORATION, Insurance Carrier, Appellants. No. 37,776Supreme Court of Kansas Opinion filed November 12, 1949. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Compensation — Necessity that Injury Arise Out of and in Course of Employment. In order for accidental […]

510 P.2d 1274 DEBORAH J. KNOBLE, WIDOW, CAMILLE E. KNOBLE AND SONJA G. KNOBLE, MINOR DAUGHTERS OF VIRGIL LEO KNOBLE, DECEASED, Appellees, v. NATIONAL CARRIERS, INC. AND HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellants. No. 46,829Supreme Court of Kansas Opinion filed June 9, 1973. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Extent of Review — […]

532 P.2d 1119 EXTENDICARE, INC., DONALD B. BLETZ, M.D., and PHYSICIANS ASSOCIATED, CHARTERED, Appellants, v. STATE OF KANSAS COORDINATING COUNCIL FOR HEALTH PLANNING and THE KANSAS STATE BOARD OF HEALTH, Appellees, and SHAWNEE MISSION MEDICAL CENTER, INC., Intervenor. No. 47,591Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT PUBLIC HEALTH — […]

693 P.2d 1168 STATE OF KANSAS, Appellant, v. RHONDA ASHLEY, Appellee. No. 56,595Supreme Court of Kansas Opinion filed January 26, 1985. SYLLABUS BY THE COURT CRIMINAL LAW — Sentencing — Consecutive Sentencing Statute — Application of Suspended Sentences to Statute. Suspended sentences are included in the meaning of probation in the consecutive sentencing statute, K.S.A. […]

856 P.2d 134 STATE OF KANSAS, Appellee, v. TROY DALE JOHNSON, Appellant. No. 68,333Supreme Court of Kansas Opinion filed July 9, 1993. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Consent to Search — Voluntariness — Appellate Review. The trial court’s findings with regard to the existence and voluntariness of a consent to search […]

898 P.2d 1175 STATE OF KANSAS, Appellee, v. RONALD E. HACKLER, Appellant. No. 73,017Court of Appeals of Kansas Opinion filed June 30, 1995 Petition for review denied 258 Kan. 860 (1995). SYLLABUS BY THE COURT 1. STATUTES — Construction — Appellate Review. A question of statutory interpretation is a question of law, and an appellate […]

449 P.2d 564 STATE OF KANSAS, Appellee, v. CHARLES E. SATTERFIELD, Appellant. No. 45,189Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Determination of Facts — Setting Aside Verdict — Insufficiency of Evidence — Test. In a criminal prosecution it is first the function of the jury […]

923 P.2d 1014 VERNON J. AMOS, Appellant, v. MICHAEL A. NELSON, WARDEN, EL DORADO CORRECTIONAL FACILITY; ROBERT J. HENDRICKS, CAPTAIN OF INVESTIGATION AND INTELLIGENCE; ROBERT L. KECKLER, UNIT TEAM MANAGER B-CELL HOUSE; and DEANE W. DONLEY, UNIT TEAM COUNSELOR B-CELL HOUSE, Appellees. No. 74,170Supreme Court of Kansas Opinion filed January 12, 1996. SYLLABUS BY THE […]

46 P.3d 1120 GALE LIGGATT Plaintiff/Appellant, v. EMPLOYERS MUTUAL CASUALTY COMPANY, Defendant/Appellee, and JANET HATHAWAY, Plaintiff/Appellant, v. GALE LIGGATT, Defendant/Appellant, and EMPLOYERS MUTUAL CASUALTY COMPANY, Garnishee/Appellee. No. 87,005Supreme Court of Kansas Opinion filed: May 31, 2002. SYLLABUS BY THE COURT 1. CONTRACTS — Written Contract — Construction — Appellate Review. The interpretation of a written […]

772 P.2d 820 STATE OF KANSAS ex rel. SECRETARY, DEPARTMENT OF SOCIAL and REHABILITATION SERVICES, Appellee, v. JEFF AND FREEDA MADDOX, Appellants. No. 62,841Court of Appeals of Kansas Opinion filed May 5, 1989 SYLLABUS BY THE COURT 1. MINORS — Child in Need of Care — Foster Home Is “Home” within Meaning of Statute Making […]

10 P.3d 8 MATTHEW FOWLER, Appellant, v. CRITICARE HOME HEALTH SERVICES, INC., Appellee. No. 83,085Court of Appeals of Kansas Opinion filed August 4, 2000. Aff’d 271 Kan. 715, 26 P.3d 69 (2001). SYLLABUS BY THE COURT 1. JUDGMENTS — Summary Judgment — Appellate Review. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, […]

948 P.2d 667 IN RE TAX APPEAL OF ALSOP SAND COMPANY, INC. No. 76,870Court of Appeals of Kansas Opinion filed November 14, 1997. SYLLABUS BY THE COURT 1. ADMINISTRATIVE LAW — Interpretation of Statute — Disagreement between Agencies as to Interpretation — Final Construction Rests with Courts. Where there is a disagreement between administrative agencies […]

940 P.2d 34 STATE OF KANSAS, Appellant, v. LINDA A. and JAMES R. McNEAL, Appellees. Nos. 77,849, 77,850Supreme Court of Kansas Opinion filed May 30, 1997 SYLLABUS BY THE COURT CRIMINAL LAW — Attempting to Influence Judicial Officer — Sufficiency of Charging Documents. In a criminal case charging the defendants with attempting to influence a […]

396 P.2d 365 STATE OF KANSAS, Appellee, v. LETHEL PERKINS, Appellant. No. 43,736Supreme Court of Kansas Opinion filed November 7, 1964. SYLLABUS BY THE COURT CRIMINAL LAW — Failure to Record Final Arguments — No Request From Counsel — Rights Not Prejudicially Affected. In an appeal from a conviction of the offenses of forcible rape […]

965 P.2d 834 STATE OF KANSAS, Appellee, v. TOURENO D. TAYLOR, Appellant. No. 77,159Court of Appeals of Kansas Opinion filed August 21, 1998. Petition for review denied 266 Kan. 1115 (1998) SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appelate Review. If the sufficiency of evidence is challenged in a criminal […]

772 P.2d 800 MARY B. HETZEL, Appellant, v. CHARLES T. CLARKIN, Appellee. No. 62,593Supreme Court of Kansas Opinion filed April 14, 1989. SYLLABUS BY THE COURT 1. INSURANCE — Kansas Insurance Guaranty Association Act — Purpose. The stated purpose of the Kansas Insurance Guaranty Association Act, K.S.A. 40-2901 et seq., is to avoid financial loss […]

578 P.2d 702 STATE OF KANSAS, Appellee, v. HIRAM SANDERS, Appellant. No. 49,274Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial — Discharge of Defendant for Unreasonable Delay. K.S.A. 1977 Supp. 22-3402(1) is inapplicable to a defendant who is in custody, serving other sentences, between […]

367 P.2d 70 MARVIN JOHNNY JOHNSON, Petitioner, v. TRACY A. HAND, Warden, Kansas State Penitentiary, Respondent. No. 42,736Supreme Court of Kansas Opinion filed December 9, 1961. SYLLABUS BY THE COURT 1. HABEAS CORPUS — Due Process — Writ Denied. In an original habeas corpus action the record is examined, and it is held: The petitioner […]

218 P.3d 46 STATE OF KANSAS, Appellant, v. SHAWN M. JOHNSON, Appellee. No. 96,526.Supreme Court of Kansas. Opinion filed October 30, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Competency of Defendant to Stand Trial. The connecting word “or” ordinarily means that the connected items are to be viewed in the disjunctive. Accordingly, a person […]

985 P.2d 725 IN THE MATTER OF THE TAX PROTESTS AND GRIEVANCES OF CURTIS MACHINE COMPANY FOR TAXES PAID IN FORD COUNTY, KANSAS. No. 80,114Court of Appeals of Kansas Opinion Filed August 20, 1999. SYLLABUS BY THE COURT 1. REAL PROPERTY — Tax Foreclosure — Duty of District Court. In a foreclosure action under K.S.A. […]

83 P.3d 805 In the Matter of the Marriage of JANET GALVIN, Appellee, and ROBERT JOSEPH GALVIN, III, Appellant. No. 90,443.Court of Appeals of Kansas. Opinion filed January 30, 2004. SYLLABUS BY THE COURT1. APPELLATE PROCEDURE — Notice of Appeal — Notice Identifies Issues Over Which Appellate Court Has Jurisdiction. It is a fundamental proposition […]

254 P.3d 1268 STATE OF KANSAS, Appellee, v. BRADLEY F. WHORTON, Appellant. No. 103,840.Supreme Court of Kansas. Opinion filed: July 15, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Departure Sentence — District Court’s Review of Mitigating Factors — Appellate Review. Appellate courts apply an abuse of discretion standard of review to a […]

11 P.3d 1134 THOMAS BRITT NICHOLS, Appellant, v. KANSAS POLITICAL ACTION COMMITTEE, ET AL., Appellees. No. 83,121Supreme Court of Kansas Opinion filed October 27, 2000. SYLLABUS BY THE COURT 1. ELECTIONS — Kansas Campaign Finance Act — Remedy for Violation of Act Is Administrative — No Private Cause of Action for Aggrieved Party. The Kansas […]

7 P.3d 1267 STATE OF KANSAS, Appellee, v. PAUL R. JOHNSON, Appellant. No. 83,527Court of Appeals of Kansas Opinion filed July 28, 2000. SYLLABUS BY THE COURT CRIMINAL LAW — Domestic Battery — Sentencing. K.S.A. 1999 Supp. 21-3412(c)(4) is analyzed and applied. Appeal from Norton District Court; CHARLES E. WORDEN, judge. Opinion filed July 28, […]

124 P.3d 86 STATE v. GAVIN. No. 93,971.Supreme Court of Kansas. December 9, 2005. Appeal from Riley. Decisions Without Published Opinions. Affirmed.

124 P.3d 521 STATE v. BRADLEY. No. 93,008.Court of Appeals of Kansas. December 16, 2005. Appeal from Reno. Decision without published opinion. Affirmed.

284 P.2d 1077 ANNA C. ANDERSON and JO ANN BREWER, Appellees, v. L.W. REXROAD and J.M. REXROAD, a Co-partnership doing business as L.W. REXROAD AND SON, Appellants. No. 39,748Supreme Court of Kansas Opinion filed June 11, 1955. SYLLABUS BY THE COURT PLEADING — Sufficiency of Allegations of Answer — Motion to Strike. Upon an appeal […]

246 P.3d 992 STATE OF KANSAS, Appellee, v. RUSSELL HOFFMAN, Appellant. No. 103,133.Court of Appeals of Kansas. Opinion filed January 28, 2011. SYLLABUS BY THE COURT1. JURISDICTION — Subject Matter Jurisdiction — Challenge May Be Raised at Any Time. A challenge to subject matter jurisdiction may be raised at any time. 2. SAME — Subject […]

893 P.2d 275 ED BALDWIN d/b/a BUDGET HOST INN, Appellee, v. HAYS ASPHALT CONSTRUCTION, INC., Appellant. No. 71,834Court of Appeals of Kansas Opinion filed April 7, 1995 SYLLABUS BY THE COURT 1. UNIFORM COMMERCIAL CODE — Application. Various sections of the Kansas Uniform Commercial Code are construed and applied. 2. SAME — Lessor May Acquire […]

636 P.2d 187 RODNEY SUTTON, Appellant, v. STATE OF KANSAS, Appellee. No. 52,773Court of Appeals of Kansas Opinion filed November 13, 1981 Petition for review denied January 15, 1982. SYLLABUS BY THE COURT CRIMINAL LAW — Mandatory Sentence for Crime Involving Firearm — Not Applicable to Conviction of Attempted Murder. In a criminal appeal the […]

860 P.2d 31 BARBARA YENZER NICKLIN, Appellee, v. JOHN HARPER, individually and d/b/a SUNSHINE MOTORS, and HARTFORD FIRE INSURANCE COMPANY, Garnishee/Appellant. No. 68,826Court of Appeals of Kansas Opinion filed September 10, 1993 Petition for review denied 253 Kan. 860 (1993). SYLLABUS BY THE COURT 1. GARNISHMENT — Judgment against Licensed Motor Vehicle Dealer — Garnishment […]

990 P.2d 159 BI-STATE DEVELOPMENT COMPANY, INC., Appellant, v. SHAFER, KLINE RREN, INC., Appellee. No. 80,689Court of Appeals of Kansas Opinion filed: October 1, 1999. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Summary Judgment — Appellate Review. When the issue on appeal is whether the trial court correctly granted summary judgment, an appellate […]

878 P.2d 221 STATE OF KANSAS, Appellee, v. MELVIN V. ROHR, Appellant. No. 70,663Court of Appeals of Kansas Opinion filed July 22, 1994 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence — Admissibility of Breath Test Results — Certification Requirements. The Kansas Legislature has expressly required that, for breath test results to […]

101 P.3d 253 IN RE H.H. No. 92,427.Court of Appeals of Kansas December 3, 2004. Appeal from the Shawnee. Decision without published opinion. Affirmed.

713 P.2d 480 DaMAC DRILLING, INC., Plaintiff-Appellant, v. DAVID SHOEMAKE, et al., Defendants-Appellees, and THE BUIE CO., INC., Plaintiff-Appellant, v. DAVID SHOEMAKE, et al., Defendants-Appellees. No. 57,217Court of Appeals of Kansas Opinion filed January 16, 1986 SYLLABUS BY THE COURT 1. OIL AND GAS — Mechanic’s Lien — Creation and Control of Oil and Gas […]

332 P.2d 273 JOHN A. PARKINSON and ELIZABETH S. NAVAS, Executors of the Last Will and Testament of Louise C. Murdock, Deceased, Appellees, v. ROLAND P. MURDOCK, et al., Appellants. No. 40,989Supreme Court of Kansas Opinion filed December 6, 1958. SYLLABUS BY THE COURT TRUSTS — Art Collection — Implied Authority to Grant Additional Compensation. […]

81 P.3d 425 In the Matter of J. KEVIN LUND, Petitioner. No. 86,040.Supreme Court of Kansas. December 2, 2003. ORDER OF REINSTATEMENTATTORNEY AND CLIENT — Disciplinary Proceeding — Reinstatement of License. On the 9th day of March, 2001, the petitioner, J. Kevin Lund, was disciplined by suspension from the practice of law in Kansas for […]

686 P.2d 112 MICHAEL A. BOWMAN, Appellant and Cross-Appellee, v. HAROLD A. DOHERTY, Appellee and Cross-Appellant. No. 56,047Supreme Court of Kansas Opinion filed July 13, 1984. SYLLABUS BY THE COURT 1. TORTS — Mental Distress. The general rule used in cases of unintentional negligence — that mental suffering unaccompanied by bodily injury is not a […]

704 P.2d 383 ROBERT A. WICHERS, SR.; PROFESSIONAL PHOTOGRAPHERS COLOR CORPORATION, INC.; REX H. QUAKENBUSH; BARBARA QUAKENBUSH; and GLENICE EMMOT; Appellants, v. SOLOMON VALLEY FEED LOT, INC., Appellee. No. 56,719Court of Appeals of Kansas Opinion filed August 1, 1985 SYLLABUS BY THE COURT 1. CORPORATIONS — Value of Dissenting Stockholder’s Shares After Merger — Valuation […]

559 P.2d 329 IRENE J. FLEMING, Appellee, v. FRANK M. FLEMING, Appellant. No. 48,103Supreme Court of Kansas Opinion filed January 22, 1977. SYLLABUS BY THE COURT 1. MARRIAGE — Constituents Constituting Common-law Marriage — Common-law Marriage Not Established. The basic constituents which constitute a common-law marriage are considered and applied, and it is held the […]

808 P.2d 1383 STATE OF KANSAS, Appellee, v. JOHNNY WIGGINS, Appellant. No. 64,716Supreme Court of Kansas Opinion filed April 12, 1991 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Self-defense — Justification of Use of Deadly Force — Subjective and Objective Standard. Justification of use of deadly force in self-defense is measured by both a […]

126 P.3d 455 STATE v. COOPERWOOD. No. 92,488.Court of Appeals of Kansas. January 20, 2006. Appeal from Wyandotte. Decision without published opinion. Affirmed.

215 P.2d 209 CARRIE WENDTLANDT, MARY J. RAMSEY, CAROLINE A. GERRITSON, ROSE H. MILLER, AGNES G. ARENDS, PAULINE J. McLEAN, PHILLIP PENKA, Administrator of the Estate of Emma A. Penka, Deceased, PHILLIP PENKA, Guardian of the Estate of Lawrence Penka, Bernard Penka and Hilda Marie Penka, Minors, Appellees, v. THE NATIONAL COOPERATIVE REFINERY ASSOCIATION, Appellant. […]

925 P.2d 839 STATE OF KANSAS, Appellee, v. BRIAN K. LITTLEJOHN, Appellant. No. 74,485Supreme Court of Kansas Opinion filed October 25, 1996. SYLLABUS BY THE COURT CRIMINAL LAW — Felony Murder — All Participants Are Principals and Not Considered Aiders and Abettors. In a felony-murder case, evidence of who the triggerman was is irrelevant and […]

837 P.2d 381 RON TODD, Insurance Commissioner of the State of Kansas, Petitioner, v. PATRICK F. KELLY, Judge of the United States District Court for the District of Kansas, Respondent. DARCY M. AVES, et al., Plaintiffs/Appellees, v. NASREEN B. SHAH, M.D., Defendant/Appellee. RON TODD, Commissioner of Insurance of the State of Kansas, Appellant. No. 66,965Supreme […]

563 P.2d 1046 In the Interest of MICHAEL A. FERRIS. No. 48,379Supreme Court of Kansas Opinion filed April 9, 1977. SYLLABUS BY THE COURT 1. JUVENILE DELINQUENTS — Is Child a Fit Subject to Be Dealt With Under Code — Factors for Consideration. In determining whether or not a child is a fit and proper […]

289 P.2d 759 THE STATE OF KANSAS, Appellant, v. O.W. HESS, Appellee. No. 39,760Supreme Court of Kansas Opinion filed November 12, 1955. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Correctness of Journal Entry — Scope of Review. An appellate court will not determine the terms of a judgment on controverted and unsupported claims […]

127 P.2d 464 HAZEL BOURMAN, Plaintiff (Revived in the Name of C. A. RATLIFFE, Administrator of the Estate of Hazel Helen Ratliffe, Appellee), v. CHARLES BOURMAN, JR., Appellant. No. 35,561Supreme Court of Kansas Opinion filed: July 11, 1942. SYLLABUS BY THE COURT 1. DIVORCE — Alimony Decree — Necessity for Fixed Award. Under our statute […]

592 P.2d 117 MARY R. CLAWSON, Appellant, v. CHESTER GARRISON and PAULINE GARRISON, and Substituted Defendants JAMES BORTH and PAULINE GARRISON, Co-Executors under the Last Will and Testament of Otto Borth, Deceased, Appellees. No. 49,064Court of Appeals of Kansas Opinion filed March 23, 1979 SYLLABUS BY THE COURT 1. REAL PROPERTY — Injunction — Right […]

502 P.2d 762 JIMMY R. HARRELL, Appellant, v. J.S. FRANK CONSTRUCTION COMPANY and COMMERCIAL UNION INSURANCE COMPANY, Appellees. No. 46,746Supreme Court of Kansas Opinion filed November 4, 1972. MEMORANDUM OPINION WORKMEN’S COMPENSATION — Accident Arising Out of and in Course of Employment — Question of Fact — Negative Finding. Appeal from Mitchell district court; MARVIN […]

50 P.3d 20 In the Matter of CORTLAND E. BERRY, Respondent. No. 88,205Supreme Court of Kansas Opinion filed: July 12, 2002. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed July 12, 2002. Eighteen months’ suspension. Alexander M. Walczak, deputy disciplinary administrator, argued the cause, and Stanton A. Hazlett, disciplinary administrator, was on the […]

424 P.2d 276 In re DAVID THAD HANNA voluntary surrender of his certificate to practice law in the State of Kansas. Bar Docket No. 5417Supreme Court of Kansas Opinion canceling certificate filed March 4, 1967. Per Curiam: On February 13, 1967, David Thad Hanna voluntarily surrendered his certificate admitting him to practice law in the […]

856 P.2d 1313 DAVID HURLBUT, Appellee, v. CONOCO, INC., Appellant/Cross-Appellee, and FIRMAN L. CARSWELL MANUFACTURING COMPANY, Appellee/Cross-Appellant. No. 68,379Supreme Court of Kansas Opinion filed July 30, 1993. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, […]