Category: Kansas Court Opinions

537 P.2d 171 HELEN A. BAKER, Appellee, v. GIRDO M. BAKER, Appellant. No. 47,483Supreme Court of Kansas Opinion filed June 14, 1975. SYLLABUS BY THE COURT DIVORCE — Relief From Default Judgment — Relief Not Barred By Laches — Granting Relief No Abuse of Discretion — Child Support — Allowance of Attorney Fees. The record […]

269 P.2d 473 HAL HUTCHENS, Appellee, v. FRANCIS D. McCLURE, Appellant. No. 39,218Supreme Court of Kansas Opinion filed April 10, 1954. SYLLABUS BY THE COURT 1. AUTOMOBILES — Collision — Demurrer to Evidence — Sufficiency. In an action for damages alleged to have been sustained when defendant’s automobile collided with the rear of a trailer […]

640 P.2d 1212 IN RE: THE APPEAL OF THE CITY OF LENEXA TO THE DECISION OF THE BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, KANSAS, DENYING A PETITION TO ANNEX CERTAIN LANDS, PURSUANT TO K.S.A. 12-521. BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, Appellant, v. CITY OF LENEXA, Appellee. No. 52,997Supreme Court of Kansas Opinion […]

893 P.2d 294 TRAVIS GRAHAM, Appellant, v. MICHAEL NELSON, WARDEN, EL DORADO CORRECTIONAL FACILITY; and THE SECRETARY OF CORRECTIONS OF THE STATE OF KANSAS, Appellees. No. 72,073Court of Appeals of Kansas Opinion filed April 14, 1995 SYLLABUS BY THE COURT 1. HABEAS CORPUS — Prisoner’s Challenge to Administrative Segregation. Habeas corpus is the appropriate device […]

206 P.3d 529 STATE OF KANSAS, Appellee, v. DANA WAYNE DEAL, Appellant. Nos. 98,292, 98,952.Court of Appeals of Kansas. Opinion filed May 1, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When a defendant challenges the sufficiency of the evidence in a criminal case, the standard of review is […]

337 P.2d 1021 HILDA P.C. PROWANT, Administratrix of the Estate of R.J. Prowant, Deceased, Appellant, v. KINGS-X, INC., a Corporation, Appellee. No. 41,114Supreme Court of Kansas Opinion filed April 11, 1959. SYLLABUS BY THE COURT DEATH — Survival of Action — Who May Maintain Action. Where a person has been injured by another, if he […]

722 P.2d 540 STATE OF KANSAS, Appellee, v. PETER H. RANSOM, Appellant. No. 58,369Supreme Court of Kansas Opinion filed July 18, 1986. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Grant of Rehearing in Earlier Appeal. A challenge to the granting of a rehearing in an earlier appeal is considered and rejected. 2. CRIMINAL […]

829 P.2d 922 WILLIAM T. NOON, Appellant, v. CAROL K. SMITH, Appellee. No. 67,195Court of Appeals of Kansas Opinion filed April 10, 1992 SYLLABUS BY THE COURT 1. TRIAL — Jury Instructions — Failure to Object. Pursuant to K.S.A. 60-251(b), a party cannot assign as error the giving of a jury instruction unless the party […]

574 P.2d 161 STATE OF KANSAS, Appellee, v. WARREN SMITH, Appellant. No. 48,493Supreme Court of Kansas Opinion filed November 5, 1977. MEMORANDUM OPINION CRIMINAL LAW — Aggravated Robbery — No Appeal Taken within Statutory Time — Jurisdiction. Appeal from Shawnee district court, division No. 4; ADRIAN J. ALLEN, judge. Opinion filed November 5, 1977. Affirmed. […]

329 P.2d 638 STATE OF KANSAS, Appellant, v. CONSUMERS WAREHOUSE MARKET, INC., Appellee. No. 40,965Supreme Court of Kansas Opinion filed September 8, 1958. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Unfair Practices Act — Regulating Business or Prices — Validity. The due process of law clause of the Fourteenth Amendment to the Constitution of […]

376 P.2d 795 PETER T. CARR and THELMA M. CARR, Appellants, v. ANTHONY C. KENDZORA, Doing Business AS KEN CONSTRUCTION COMPANY, Appellee. No. 42,921Supreme Court of Kansas Opinion filed December 8, 1962. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Jurisdiction — Raising Question. On appellate review the duty is upon this court to […]

864 P.2d 1198 STATE OF KANSAS, Appellee, v. EDWIN WILLIS, JR., Appellant. No. 68,445Supreme Court of Kansas Opinion filed December 10, 1993. SYLLABUS BY THE COURT 1. CONSTITUTIONAL LAW — Right of Accused to Confront Witnesses against Accused. The Sixth Amendment to the United States Constitution guarantees the accused the right to confront the witnesses […]

561 P.2d 907 JAMES A. BELL, Appellee, v. KENT-BROWN CHEVROLET COMPANY, Appellant. No. 48,334Court of Appeals of Kansas Opinion filed March 18, 1977 SYLLABUS BY THE COURT 1. KANSAS CONSUMER PROTECTION ACT — Representation Goods Are New — Deceptive Acts and Practices. Representation by a seller that goods are new, if they are deteriorated, altered, […]

121 P.3d 1003 STATE v. BRYANT. No. 92,350.Court of Appeals of Kansas. October 28, 2005. Appeal from Sedgwick. Decision without published opinion. Affirmed.

974 P.2d 1115 STATE OF KANSAS, Appellee, v. MAURICE L. GILLON, Appellant. No. 78,567Court of Appeals of Kansas Opinion filed January 8, 1999. Petition for review denied 266 Kan. 1112 (1999) SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. The fundamental rule of statutory construction, to which all others are subordinate, is […]

114 P.3d 1000 COOPER v. STATE. No. 92,609.Court of Appeals of Kansas. July 8, 2005. Appeal from Reno Decision without published opinion. Affirmed.

379 P.2d 351 JAMES C. EASON, Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellant. No. 42,924Supreme Court of Kansas Opinion filed March 2, 1963. SYLLABUS BY THE COURT RAILROADS — Accident at Crossing — Sufficiency of Petition as Against Demurrer. In an action for the recovery of damages sustained by plaintiff when he drove his automobile […]

520 P.2d 1259 MAX LEROY POTTS, Appellant, v. STATE OF KANSAS, Appellee. No. 47,191Supreme Court of Kansas Opinion filed April 6, 1974. MEMORANDUM OPINION CRIMINAL LAW — Motion for Postconviction Relief — Conclusory Allegations. Appeal from Sedgwick district court, division No. 4; JAMES V. RIDDEL, JR., judge. Opinion filed April 6, 1974. Affirmed. Martin E. […]

263 P.2d 233 GARTH D. SCHOOLER, Appellee, v. LULA M. SCHOOLER, Appellant. No. 39,040Supreme Court of Kansas Opinion filed November 7, 1953. SYLLABUS BY THE COURT 1. DIVORCE — Avoiding Service — Validity of Publication Service. In an action for divorce where the defendant who is a resident of this state departs from the county […]

656 P.2d 777 STATE OF KANSAS, Appellant, v. J. DAVID LOGAN and JIM KEVIN CROMWELL, Appellees. No. 54,775 and No. 54,776 (Consolidated)Supreme Court of Kansas Opinion filed January 14, 1983. SYLLABUS BY THE COURT CRIMINAL LAW — Attempt Statute Construed — Factual Impossibility and Legal Impossibility Not Defenses to Attempt Charge. K.S.A. 21-3301(2) is discussed […]

924 P.2d 657 In the Matter of the Estate of IRENE MURDOCK. No. 74,667Court of Appeals of Kansas Opinion filed October 11, 1996 SYLLABUS BY THE COURT 1. STATUTES — Construction. When construing a statute, a court should give words in common usage their natural and ordinary meaning. 2. TRUSTS — Charitable Trust — Restriction […]

191 P.3d 1118 In the Matter of NEIL A. DEAN, Respondent. No. Bar Docket No. 19,885.Supreme Court of Kansas. August 26, 2008. ORDER OF DISBARMENT ATTORNEY AND CLIENT — Disciplinary Proceeding — Disbarment. In a letter dated August 20, 2008, to the Clerk of the Appellate Courts, respondent Neil A. Dean, of Topeka, Kansas, an […]

915 P.2d 161 JAMES M. EIDEMILLER, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee. No. 73,861Court of Appeals of Kansas Opinion filed April 26, 1996. Reversed 261 Kan. 711, 933 P.2d 748 (1997). SYLLABUS BY THE COURT 1. INSURANCE — Underinsured Motorist Insurance — Prohibition against Stacking of Benefits Not Automatically Read into Insurance […]

200 P.3d 1275 STATE OF KANSAS, Appellee, v. KENDRICK D. GRACEY, Appellant. No. 99,310.Supreme Court of Kansas. Opinion filed February 6, 2009. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sufficiency of Complaint — Issue Raised for First Time on Appeal — Proof Required by Defendant. The longer it takes for a defendant to challenge the […]

259 P.2d 211 In the Matter of the Estate of W.T. Davis, Deceased. (MAUDE DILG, Respondent, Appellant, v. JEFF BARNES, Proponent, Appellee.) No. 39,022Supreme Court of Kansas Opinion filed July 6, 1953. SYLLABUS BY THE COURT WILLS — Mental Capacity and Undue Influence — Independent Advice — Findings Supported by Evidence. The record in a […]

528 P.2d 1195 STATE OF KANSAS, Appellee, v. WAYNE SMITH, Appellant. No. 47,493Supreme Court of Kansas Opinion filed December 7, 1974. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Instructions Raised for First Time — No Review. An objection to a district court’s instruction will not be considered when raised for the first time […]

414 P.2d 7 PETE G. VONFELDT, Appellee, v. CHARLES L. HANES, Appellant. No. 44,444Supreme Court of Kansas Opinion filed May 7, 1966. SYLLABUS BY THE COURT OIL AND GAS — Implied Covenant to Develop — Cancelling Lease. The record in an action to cancel an oil and gas lease upon the ground that the owner […]

516 P.2d 936 DIANA L. BEARDSLEY, Executor of the Estate of Leslie B. Warren, Deceased, Appellant, v. JOAN L. WEBER, Appellee. No. 47,027Supreme Court of Kansas Opinion filed December 8, 1973. SYLLABUS BY THE COURT 1. AUTOMOBILES — Negligence or Contributory Negligence — Circumstantial Evidence. The existence of negligence, or contributory negligence, as the case […]

47 P.3d 419 STATE OF KANSAS, Appellee, v. TRACY D. BOYD, Appellant. No. 86,553Court of Appeals of Kansas Opinion filed: June 7, 2002. Reversed 275 Kan. 271, 64 P.3d 419 (2003) SYLLABUS BY THE COURT 1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When analyzing a trial court’s suppression of evidence, an appellate […]

232 P.2d 417 HOTEL KANSAN OPERATING COMPANY, a corporation, Appellant, v. OSCAR L. OLSON, doing business as OLSON OIL COMPANY, and T.J. MAHAFFEY, doing business as MAHAFFEY PLUMBING COMPANY, Appellees. No. 38,325Supreme Court of Kansas Opinion filed June 9, 1951. SYLLABUS BY THE COURT 1. MASTER AND SERVANT — Relationship of Parties — Liability — […]

926 P.2d 638 STATE OF KANSAS, Appellant, v. TUNG THANH LE, Appellee. No. 74,708Supreme Court of Kansas Opinion filed: October 25, 1996 SYLLABUS BY THE COURT 1. STATUTES — Construction — Consideration of Entire Act. The several provisions of an act, in pari materia, must be construed together with a view of reconciling and bring […]

587 P.2d 320 SYLVESTER SMITH, JR., Appellant, v. KEVIN P. MARSHALL, Appellee. No. 49,096Supreme Court of Kansas Opinion filed December 9, 1978. SYLLABUS BY THE COURT 1. STATUTES — Remedial Statutes — Construction. A legislative act remedial in nature is to be liberally construed to effectuate the purpose for which it was enacted. 2. SAME […]

52 P.3d 382Court of Appeals of Kansas August 16, 2002 TITLE DOCKET DISPOSITION DATE REPORTED NUMBER BELOW State v. Steeves 87332 Mitchell 08/16/2002 Affirmed Wellbrock v. Kansas 87386 Russell 08/16/2002 Affirmed Dept. of Revenue City of Merriam v. 87748, Johnson 08/16/2002 Affirmed Fryer 87749 Gilreath v. J.D. 87801 Johnson 08/16/2002 Affirmed Reece Realtors Haywood v. […]

861 P.2d 1382 STATE OF KANSAS, Appellee, v. DANIEL F. JUAREZ, Appellant. No. 69,021Court of Appeals of Kansas Opinion filed November 5, 1993 Petition for review denied 254 Kan. 1009 (1994). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sexual Offense — Mental Deficiency of Victim — Effect of Mental Deficiency on Victim’s Capacity to […]

847 P.2d 1247 STATE OF KANSAS, Appellant, v. JOHN D. CHAPMAN, Appellee. No. 67,677Supreme Court of Kansas Opinion filed March 5, 1993. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Possession of Methamphetamine with Intent to Sell — Continuing Crime Committed in Several Counties under Facts of Case. Under the facts set forth in this […]

585 P.2d 1074 STATE OF KANSAS, Appellee, v. GARY GAMMILL, Appellant. No. 49,592Court of Appeals of Kansas Opinion filed November 3, 1978 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Search Warrant Required to Extract Pubic Hair from Person. Extracting pubic hair by the roots is as much a bodily intrusion as withdrawing blood. However, […]

295 P.2d 655 J.C. GEORGE, Appellant, v. FRANK L. KOHLASCH, IBBIE F. KOHLASCH, and THE RAILROAD BUILDING AND LOAN ASSOCIATION, Appellees. No. 39,992Supreme Court of Kansas Opinion filed April 7, 1956. SYLLABUS BY THE COURT NOTES AND MORTGAGES — Amending Answer — Parol Evidence — Finding and Judgment Supported by the Evidence. In an action […]

126 P.3d 1132 McDANIEL v. STATE. No. 93,511.Court of Appeals of Kansas. January 27, 2006. Appeal from Sedgwick. Affirmed.

869 P.2d 244 CITY OF ARKANSAS CITY, KANSAS, and SOUTHWEST NATIONAL BANK OF WICHITA, KANSAS, Appellees, v. A. SCOTT ANDERSON and E. SYLVIA ANDERSON, Appellants. No. 70,024Court of Appeals of Kansas Opinion filed February 25, 1994 Petition for review denied 255 Kan. 1000 (1994). SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Discovery — Deposition […]

955 P.2d 1302 IN THE MATTER OF B.M.B., Appellant. No. 79,358Supreme Court of Kansas Opinion filed March 13, 1998 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. The standard of review of a trial court’s ruling on a motion to suppress evidence is whether there is substantial evidence in […]

64 P.3d 389 STATE OF KANSAS, Appellee, v. MARK W. CHILDS, Appellant. No. 88,556.Supreme Court of Kansas Opinion filed March 7, 2003. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Constitutional Issue Not Raised before Trial Court — Generally Not Reviewable by Appellate Court. Where constitutional grounds are raised for the first time on appeal, […]

214 P.2d 301 ALICE FOWLER, Appellee, v. LAWRENCE B. MOHL and COMMERCIAL STANDARD INSURANCE COMPANY, Appellants. No. 37,632Supreme Court of Kansas Opinion filed January 28, 1950. SYLLABUS BY THE COURT 1. PLEADING — Amendments — Discretion of Court — Res Adjudicata. A demurrer to plaintiff’s petition was sustained on January 20, a regular day of […]

154 P.3d 1114 WAUNITA SMITH, Appellee/Claimant, v. ROSSVILLE VALLEY MANOR/CORPORATE RESOURCE MANAGEMENT, INC., Appellant/Respondent, and LEGION INSURANCE COMPANY/THE KANSAS GUARANTEE INSURANCE ASSOCIATION, Appellant/Insurance Carrier, and LIBERTY MUTUAL INSURANCE COMPANY, Appellee/Insurance Carrier, and KANSAS WORKERS COMPENSATION FUND, Appellee. No. 96,411.Court of Appeals of Kansas. Opinion filed month March 30, 2007. SYLLABUS BY THE COURT1. WORKERS COMPENSATION […]

123 P.3d 212 STATE v. JONES. No. 93,220.Court of Appeals of Kansas. December 2, 2005. Appeal from Shawnee. Decision without published opinion. Affirmed.

580 P.2d 1298 STATE OF KANSAS, Appellee, v. MILTON W. CHOENS, Appellant. No. 48,747Supreme Court of Kansas Opinion filed July 15, 1978. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Vehicular Homicide — Involuntary Manslaughter — Question of Gross Negligence. In the field of unintentional homicide by operation of a motor vehicle, the specific statute, […]

749 P.2d 1056 BOARD OF COUNTY COMMISSIONERS OF WYANDOTTE COUNTY, KANSAS, Appellee, v. C.G. ADKINS, et al., Appellants, and ROY G. PHILLIPS and JEAN PHILLIPS, Intervenors/Appellees. No. 60,758Court of Appeals of Kansas Opinion filed February 11, 1988 SYLLABUS BY THE COURT REAL PROPERTY — Occupying Claimant’s Statute Applied to Recover Costs of Improvements. Under K.S.A. […]

806 P.2d 969 CITY OF OVERLAND PARK, Appellant, v. THOMAS M. PAVELCIK, JOHN W. FLETCHER III, CECIL D. STUDE, and SCOTT C. MARLO, Appellees. No. 65,351Supreme Court of Kansas Opinion filed March 1, 1991 SYLLABUS BY THE COURT 1. APPELLATE PROCEDURE — Appeal from Municipal Court — Procedure for Taking Appeal. An appeal from a […]

594 P.2d 162 GEORGIA JONES, Appellant, v. ST. FRANCIS HOSPITAL SCHOOL OF NURSING, INC., A Corporation, Appellee. No. 49,506Supreme Court of Kansas Opinion filed May 5, 1979. SYLLABUS BY THE COURT 1. ESTATES — Homestead — Conditions. When property is occupied by the owner and spouse as a family homestead and at the death of […]

893 P.2d 267 STATE OF KANSAS, Appellee, v. DAVID MARTINEZ, Appellant. No. 71,543Court of Appeals of Kansas Opinion filed April 7, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Speedy Trial Right of Accused — Obligation of State to Insure Speedy Trial. K.S.A. 22-3402, the purpose of which is to implement an accused’s constitutional […]

809 P.2d 533 DAVID J. WAXSE, SPECIAL ADMINISTRATOR OF THE ESTATE OF MAURICE J. BEHNKE, DECEASED, Appellant, v. RESERVE LIFE INSURANCE COMPANY, Appellee. No. 65,486Supreme Court of Kansas Opinion filed on April 12, 1991. SYLLABUS BY THE COURT 1. FRAUD AND DECEIT — Existence of Fraud — Question of Fact — Appellate Review. The existence […]

485 P.2d 1290 In the Matter of the Estate of Edward E. Barnett, Deceased; EDWIN W. BARNETT and ROBERT F. BARNETT, Executors, et al., Appellees, v. FRANCES D. BARNETT, Appellant. No. 45,997Supreme Court of Kansas Opinion filed June 12, 1971. SYLLABUS BY THE COURT 1. WILLS — Joint, Mutual and Contractual Will — Homestead and […]

589 P.2d 643 MANSFIELD PAINTING AND DECORATING, INC., Appellee, v. BUDLAW SERVICES, INC., and LLOYD A. WINSLOW, Appellants. No. 49,394Court of Appeals of Kansas Opinion filed January 26, 1979 Petition for review denied 225 Kan. 844. SYLLABUS BY THE COURT 1. CIVIL PROCEDURE — Jury Trial — Waiver of Right. Failure to timely request a […]

823 P.2d 223 ELKHART COOPERATIVE EQUITY EXCHANGE, Appellee, v. NOEL HICKS, Appellant. No. 66,517Court of Appeals of Kansas Opinion filed December 20, 1991 SYLLABUS BY THE COURT 1. JUDGMENTS — Hearing in Aid of Execution — Hearing Is Continuation of Underlying Action. A hearing in aid of execution of a judgment is not a new […]

264 P.2d 888 BEATRICE MARTIN PECK, Appellant, v. MARTHA MARTIN HORST, Appellee. No. 39,258Supreme Court of Kansas Opinion filed December 12, 1953. SYLLABUS BY THE COURT 1. CORPORATIONS — Voting Trust Agreement — Parties Sole Stockholders — Validity. In an action to set aside a voting trust and management agreement entered into between the holders […]

259 P.2d 204 DARRELL Z. SELBE, Petitioner, v. ROBERT H. HUDSPETH, Warden of the Kansas State Penitentiary, Respondent. No. 39,081Supreme Court of Kansas Opinion filed July 6, 1953. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Rights of Accused — Right to Counsel. Following Davis v. Hudspeth, 161 Kan. 354, 167 P.2d 293, it is […]

98 P.3d 303 STATE v. McLINN. No. 91,164.Court of Appeals of Kansas October 1, 2004. Appeal from the Sedgwick. Decision Without Published Opinion. Affirmed.

74 P.3d 591 STATE OF KANSAS, Appellee, v. JOSHUA A. BARNES, Appellant. No. 89,442.Court of Appeals of Kansas. Opinion filed August 15, 2003. SYLLABUS BY THE COURTCRIMINAL LAW — Theft — Felony Theft Based on Common Scheme or Course of Conduct — Statute Construed and Applied. K.S.A. 2001 Supp. 21-3701(b)(3) is construed and applied. Appeal […]

138 P.3d 771 STATE OF KANSAS, Appellee, v. CURT DANIEL VANDEVELDE, Appellant. No. 94,613.Court of Appeals of Kansas. Opinion filed July 21, 2006. SYLLABUS BY THE COURT1. CRIMINAL LAW — Suppression of Evidence — Appellate Review. When reviewing a trial court’s grant or denial of a motion to suppress evidence, an appellate court determines whether […]

515 P.2d 741 SHIRLEY DESEMO, Appellant, v. RUBY PAGE, Appellee. No. 47,079Supreme Court of Kansas Opinion filed November 3, 1973. MEMORANDUM OPINION BROKERS — Real Estate Commission Denied. Appeal from Ford district court; ERNEST M. VIEUX, judge. Opinion filed November 3, 1973. Affirmed. John E. Fierro, of Bernie D. Frigon, Chartered, Dodge City, was on […]

697 P.2d 858 STATE OF KANSAS, ex rel., HARVEY L. LUDWICK, SECRETARY OF HUMAN RESOURCES, Appellant, v. VIRGINIA ANNE BRYANT, Appellee. No. 56,608Supreme Court of Kansas Opinion filed April 5, 1985. SYLLABUS BY THE COURT 1. CONTRACTS — Consideration. It is a longstanding rule of law that for a contract to be enforceable it must […]

792 P.2d 1032 BRENDA HUMES and BENNIE HUMES, Appellees/Cross-appellants, v. DALE L. CLINTON, M.D.; DALE L. CLINTON, M.D., P.A.; Appellants/Cross-appellees, and ALZA CORPORATION, Appellant. No. 63,436Supreme Court of Kansas Opinion filed May 25, 1990. SYLLABUS BY THE COURT 1. WRONGFUL DEATH — Nonviable Fetus — Not “Person” within Definition of Wrongful Death Act. An unborn, […]

392 P.2d 894 RUBY LaVERNE RANKIN, Appellant, v. UNITED COMMERCIAL TRAVELERS OF AMERICA, Appellee. No. 43,702Supreme Court of Kansas Opinion filed June 6, 1964. SYLLABUS BY THE COURT 1. INSURANCE — Fraternal Accident Policy — Death by Accidental Means. An accident insurance certificate issued by a fraternal benefit society indemnifying against bodily injury effected solely […]

853 P.2d 24 STATE OF KANSAS, Appellee, v. ROBERT SYNORACKI, Appellant. No. 67,811Supreme Court of Kansas Opinion filed May 28, 1993. SYLLABUS BY THE COURT 1. EVIDENCE — Rebuttal Evidence — Corroborative As Well As Contradictory Evidence Admissible in Rebuttal. Rebuttal evidence includes not only testimony that contradicts the witnesses on the opposite side, but […]

451 P.2d 163 DARLENE CADWALLADER, Appellee, v. DALE H. LEHMAN, Appellant. No. 45,276Supreme Court of Kansas Opinion filed March 8, 1969. SYLLABUS BY THE COURT 1. PROCESS — Judgment Against Nonresident Defendant — Constructive or Substituted Service — Judgment In Rem — Jurisdiction. A judgment against a nonresident defendant who has been summoned into court […]

843 P.2d 273 MICHAEL D. PICKENS, Appellee, v. ALLSTATE INSURANCE COMPANY, Appellant. No. 67,461Court of Appeals of Kansas Opinion filed December 4, 1992 Petition for review denied 252 Kan. ___ (February 4, 1993). SYLLABUS BY THE COURT 1. INSURANCE — Joint and Several Liability Does Not Exist between Uninsured Motorist and Insurer of Uninsured Motorist […]

602 P.2d 542 RAYMOND H. DINGS, Appellant, v. JOHN CALLAHAN and RUSSEL N. BARRETT, Appellees. No. 50,768Court of Appeals of Kansas Opinion filed November 9, 1979 Petition for review denied December 4, 1979. SYLLABUS BY THE COURT ATTORNEY AND CLIENT — Malpractice — Failure to Prosecute Appeal — Required Proof for Actionable Claim. An actionable […]

674 P.2d 1066 STANLEY L. KARSTETTER and JOHN R. HOUSEL, Appellants, v. DANIEL L. LOVE, County Attorney for Ford County, and RICHARD A. WOLF, Sheriff for Ford County, Kansas, Appellees. No. 55,339Court of Appeals of Kansas Opinion filed January 19, 1984 SYLLABUS BY THE COURT 1. HABEAS CORPUS — Petition for Writ Proper Procedure When […]

259 P.2d 581 VIRGINIA BABB, Appellant, v. CITY OF WICHITA, KANSAS; THE BOARD OF CITY COMMISSIONERS, consisting of W.C. SALOME, L.A. DONNELL, EARL K. DUKE, F. RUSSELL JUMP and FLOYD T. AMSDEN; C.C. ELLIS, Clerk of the City of Wichita, Kansas, Appellees. No. 39,036Supreme Court of Kansas Opinion filed July 6, 1953. SYLLABUS BY THE […]

112 P.3d 232 D.W., Appellant, v. RICHARD BLISS and CAROL BLISS, Appellees. No. 91,247.Supreme Court of Kansas. Opinion Filed June 3, 2005. SYLLABUS BY THE COURT1. NEGLIGENCE — Proof Required for Actionable Claim Based on Negligence. In order to establish negligence, a plaintiff must prove the existence of a duty, a breach of that duty, […]

323 P.2d 638 ROY H. CARLBURG, Appellee, v. THE WESLEY HOSPITAL AND NURSE TRAINING SCHOOL, Appellant. No. 40,883Supreme Court of Kansas Opinion filed April 7, 1958. SYLLABUS BY THE COURT 1. NEGLIGENCE — Action for Damages — Demurrer to Evidence — Excluding Hypothetical Question — Instructions — New Trial. The record examined in an appeal […]

669 P.2d 209 THE WESLEY MEDICAL CENTER, Petitioner, v. HONORABLE PAUL W. CLARK, JUDGE 18TH JUDICIAL DISTRICT OF THE STATE OF KANSAS, SEDGWICK COUNTY, POSITION F; AND EDWARD LESTAGE AND TONIE LESTAGE, INDIVIDUALLY AND AS CO-ADMINISTRATORS OF THE ESTATE OF JOSHUA LESTAGE, DECEASED; AND MEDO MIRZA, M.D., Respondents. No. 55,338Supreme Court of Kansas Opinion filed […]

645 P.2d 916 SILVINO GOMEZ, Appellant, v. ROLAND HUG and BOARD OF COUNTY COMMISSIONERS OF SHAWNEE COUNTY, KANSAS, Appellees. No. 53,111Court of Appeals of Kansas Opinion filed June 3, 1982 Petition for review denied September 17, 1982. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Application to Facts of This Case. In an appeal from […]

687 P.2d 29 STATE OF KANSAS, Appellee, v. KENNETH W. SHOFLER, Appellant. No. 56,374Court of Appeals of Kansas Opinion filed September 6, 1984 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Complaint — Defendant’s Conviction Set Aside When Complaint Fails to Allege Facts Constituting a Crime. A complaint that fails to allege facts constituting a […]