Category: Kansas Court Opinions

571 P.2d 78 STATE OF KANSAS, Appellee, v. RAYMOND SNOOK, Appellant. No. 48,739Court of Appeals of Kansas Opinion filed September 2, 1977 SYLLABUS BY THE COURT CRIMINAL LAW — Credit for Time on Probation — When probation is revoked neither the applicable statutes nor the Constitution requires that the defendant be given credit on his […]

921 P.2d 216 NANCY CAROL BEEBE, STEVEN R. SUBLETT, Special Administrator of the Estate of ASHLEY NICOLE ROWELL, and NANCY CAROL BEEBE, Natural Guardian and Next Friend of KAREN LYNN ROWELL, and NANCY CAROL BEEBE, Natural Guardian and Next Friend of TREASA MARIE ROWELL, Appellants, v. REBECCA FRAKTMAN, ANN MAR-MASON, and DR. M. LUDLOW, M.D., […]

426 P.2d 42 LEO C. PATTERSON, Appellant, v. STATE OF KANSAS, Appellee. No. 44,510Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT CRIMINAL LAW — Presence and Counsel of Petitioner Not Necessary — Evidentiary Hearing Not Required. In an appeal from an order denying relief under K.S.A. 60-1507, the record is […]

407 P.2d 513 DEAN RATZLAFF, Appellant, v. FRIEDEMAN SERVICE STORE and CONNECTICUT FIRE INSURANCE COMPANY, Appellees. No. 44,301Supreme Court of Kansas Opinion filed November 6, 1965. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Burden of Proof Upon Claimant. In a workmen’s compensation case the burden is on the claimant and he must prove the […]

614 P.2d 455 WILLIAM M. COE, as Conservator of LAURA A. COE, a Minor, and REBECCA S. COE, Appellants and Cross-Appellees, v. SECURITY NATIONAL INSURANCE COMPANY, Appellee and Cross-Appellant. No. 50,733Court of Appeals of Kansas Opinion filed July 18, 1980 Affirmed in part, reversed in part 228 Kan. 624, 620 P.2d 1108 (1980). SYLLABUS BY […]

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 […]

1 P.3d 884 FAMILIES AGAINST CORPORATE TAKEOVER, Appellant, v. GARY MITCHELL and THE KANSAS DEPARTMENT OF HEALTH ENVIRONMENT, Appellees. No. 82,962Supreme Court of Kansas Opinion filed: March 10, 2000. SYLLABUS BY THE COURT ADMINISTRATIVE LAW — Judicial Review of Agency Action — Standing of Party Seeking Review — Motion to Dismiss Based on Party’s Failure […]

3 P.3d 582 STATE OF KANSAS, Appellee, v. CHARLES HALL, JR., Appellant. No. 82,090Court of Appeals of Kansas Opinion filed April 7, 2000. Aff’d 270 Kan. 194, 14 P.3d 404 (2000). SYLLABUS BY THE COURT 1. CRIMINAL LAW — Statites — Strict Construction Against State. Criminal statutes are to be strictly construed against the State […]

144 P.3d 647 STATE OF KANSAS, Appellee, v. KEVIN W. GUNBY, Appellant. No. 91,406.Supreme Court of Kansas. Opinion filed October 27, 2006. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Admission of Evidence — Relevancy Consideration — Appellate Review. When examining a challenge to a district court’s admission of evidence, an appellate court must first […]

113 P.3d 834 STATE v. PEREZ. Nos. 92,096, 92,097.Court of Appeals of Kansas. June 24, 2005. Appeal from Pawnee. Decision without published opinion. Affirmed.

253 P.3d 341 STATE OF KANSAS, Appellee, v. RAYMORE RAPHAEL LEVY, Appellant. No. 101,653.Supreme Court of Kansas. Opinion filed June 24, 2011. SYLLABUS BY THE COURT1. CRIMINAL LAW — Sentencing — Cruel and Unusual Punishment — Constitutional Issue Raised for First Time on Appeal — Appellate Review. Whether a sentence constitutes cruel and unusual punishment […]

539 P.2d 329 STATE OF KANSAS, Appellant and Cross-Appellee, v. CHARLES C. CAMPBELL, RICHARD MALLOY, et al., Appellees and Cross-Appellants. No. 47,833Supreme Court of Kansas Opinion filed July 17, 1975. SYLLABUS BY THE COURT GRAND JURIES — Selection of — Constitutional Rights Not Violated — Conspiracy Statute — Plurality of Subjects — Statute Not Vague […]

609 P.2d 185 MARVIN M. POTTRATZ, Appellant, v. STEPHEN W. FIRKINS and KAMMERON K. FIRKINS, Appellees. No. 50,717Court of Appeals of Kansas Opinion filed March 21, 1980 SYLLABUS BY THE COURT REAL PROPERTY — Real Estate Broker’s Commission — Joint Listing Agreement — Repudiation of Contract Produced by First Broker in Favor of Contract by […]

426 P.2d 159 CLAY HENRY TAYLOR, Appellant, v. STATE OF KANSAS, Appellee. No. 44,726Supreme Court of Kansas Opinion filed April 8, 1967. SYLLABUS BY THE COURT APPEAL AND ERROR — Moot Question. The questions raised on appeal from an order denying a motion to vacate sentence under K.S.A. 60-1507 are rendered moot by a prior […]

382 P.2d 334 DEAN A. BARTELL, LILLIAN I. BARTELL, JOHN F. ERICKSON, and LOIS C. ERICKSON, Appellants and Cross-Appellees, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee and Cross-Appellant. No. 43,280Supreme Court of Kansas Opinion filed June 8, 1963. SYLLABUS BY THE COURT HIGHWAYS — Access Rights — Venue. In an action […]

324 P.2d 515 B S ENTERPRISES, INC., Appellant, v. SAM E. RUDD, ELENORE RUDD, LEONARD A. LEVAND and CELIA LEVAND, Appellees. No. 40,854Supreme Court of Kansas Opinion filed April 12, 1958. SYLLABUS BY THE COURT PARTITION — Partition in Kind — Overruling Exceptions to Commissioner’s Report — Judgment Supported by Evidence. The record in a […]

388 P.2d 582 COFFEE-RICH, INC., Appellee, v. THE KANSAS STATE BOARD OF HEALTH: EVAN WRIGHT, Director, Food and Drug Division of the Kansas State Board of Health; WALTER E. FRAESE, RALPH REED, M.D., HAROLD W. POWERS, M.D., J. ALAN BRADBURY, D.V.M., V.A. LEOPOLD, D.O., A.A. FINK, M.D., THOMAS P. BUTCHER, M.D., FRANK C. CAROTHERS, D.D.S., […]

449 P.2d 555 THEODORE CRAMER, Appellee, v. BLANKENSHIP PAINTING AND DECORATING COMPANY and AETNA CASUALTY SURETY COMPANY, Appellants. No. 45,478Supreme Court of Kansas Opinion filed January 25, 1969. SYLLABUS BY THE COURT 1. WORKMEN’S COMPENSATION — Findings by Trial Court. Within the scope of the record made in a workmen’s compensation proceeding, the trial court […]

378 P.2d 13 CARL A. BELL, JR., Administrator of the Estate of Virgil Hanes, Deceased, Appellee, v. Loyd Hanes, Deceased; Virgil Hanes, Deceased; Iona Hanes, Deceased; ROY HANES, LAWSON HANES, and the Unknown Heirs, Executors, Administrators, Devisees, Trustees, Creditors and Assigns; the Unknown Spouses of the Defendants, and the Unknown Guardians and Trustees of such […]

339 P.2d 341 SINCLAIR PIPE LINE COMPANY, a Corporation, Appellant, v. STATE COMMISSION OF REVENUE AND TAXATION, ROY N. McCUE, IRA C. WATSON and JOHN L. MacNAIR as Members of and Composing Said Commission; THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MONTGOMERY; THE CITY OF INDEPENDENCE, KANSAS; THE BOARD OF EDUCATION OF THE […]

408 P.2d 612 STATE OF KANSAS, Appellee, v. JOHN THOMAS FREEMAN, Appellant. No. 41,828Supreme Court of Kansas Opinion filed December 11, 1965. SYLLABUS BY THE COURT 1. EVIDENCE — Erroneous Admission of Evidence — Necessity for Objection — Appellate Review. K.S.A. 60-404 codifies the prior law of this state requiring timely and specific objection for […]

372 P.2d 1011 OTTAWA PLUMBING, HEATING AND AIR CONDITIONING, INC., Appellee, v. LESTER MOORE, Appellant. No. 42,863Supreme Court of Kansas Opinion filed July 7, 1962. SYLLABUS BY THE COURT 1. BUILDING AND CONSTRUCTION CONTRACTS — Contracts with Several Independent Contractors — Damage to Bathtubs — Liability. An owner had no general contractor to construct a […]

573 P.2d 1009 DRUCILLA SCHUBERT, Appellee, v. PEERLESS PRODUCTS, INC., AND HOME INSURANCE CO., Appellants. No. 48,403Supreme Court of Kansas Opinion filed January 21, 1978. SYLLABUS BY THE COURT 1. WORKERS’ COMPENSATION — Occupational Disease. Under the workers’ compensation act a claim based on an occupational disease arises on the date an employee leaves his […]

578 P.2d 1102 GEORGE BOWEN AND FARMERS INSURANCE GROUP, Appellants, v. W.H. WESTERHAUS d/b/a WESTERHAUS MOTOR COMPANY and UNIVERSAL UNDERWRITERS INSURANCE CO., Appellees. No. 48,606Supreme Court of Kansas Opinion filed May 6, 1978. SYLLABUS BY THE COURT 1. SUMMARY JUDGMENT — Trial Court’s Duty. In considering a motion for summary judgment a trial court must […]

889 P.2d 789 CITY OF WICHITA, KANSAS, Appellee, v. MICHAEL D. RICE, Appellant. No. 71,245Court of Appeals of Kansas Opinion filed January 13, 1995 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Sufficiency of Evidence — Appellate Review. When a defendant challenges the sufficiency of the evidence, the standard of review is whether, after review […]

160 P.3d 843 DENNIS STEFFES, d/b/a LAST CALL and COYOTES, Appellant, v. CITY OF LAWRENCE, Appellee. No. 96,838.Supreme Court of Kansas. Opinion filed June 22, 2007. SYLLABUS BY THE COURT1. CITIES AND MUNICIPALITIES — City Ordinance — Determination Whether Ordinance Preempted by Statute — Appellate Review. An appellate court review of whether a city ordinance […]

388 P.2d 657 STATE OF KANSAS, Appellee, v. MICHAEL F. GREEN, Appellant. No. 43,654Supreme Court of Kansas Opinion filed January 25, 1964. SYLLABUS BY THE COURT PROSTITUTION — Procurement — Corroborative Evidence. The record in a criminal action, where the defendant was convicted on two counts, charging the violation of the provisions of G.S. 1949, […]

21 P.3d 952 IN THE MATTER OF L.A., D.O.B.: 6-8-81. Nos. 83,793, 83,794, 83,795Supreme Court of Kansas Opinion filed March 16, 2001. SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Suppression of Evidence — Stat’s Burden of Proof — Appellate Review. At the hearing on a motion to suppress evidence, the State bears the […]

551 P.2d 896 STATE OF KANSAS, Appellee, v. RICHARD L. NESMITH, Appellant. No. 48,163Supreme Court of Kansas Opinion filed June 12, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — In-court Identification — Pretrial Identification — Test. Where an in-court identification is challenged on the ground that the witness participated in unfair pretrial identification procedures, […]

987 P.2d 1134 In the Matter of the Marriage of DWANE SCOTT ROTH, Appellee, and LORA J. ROTH, Appellant. No. 79,147.Court of Appeals of Kansas Updated: August 13, 1999. Opinion filed: August 13, 1999. SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Custody — Joint Custody. The court may place the custody of […]

465 P.2d 966 FRED WELLS, Administrator of the Estate of Cyrus Fry Wells, Deceased, Appellant, v. WAYNE ROSS and GEORGE ROSS, Appellees. No. 45,549Supreme Court of Kansas Opinion filed March 7, 1970. SYLLABUS BY THE COURT 1. JUDGMENTS — Res Judicata. The doctrine of res judicata is defined and the necessary conditions making the doctrine […]

494 P.2d 1107 In the Matter of the Estate of Asa Lee Messenger, deceased; MILLICENT J. DUNAWAY, Administratrix in the Matter of the Estate of Juanita Messenger, deceased, Appellant, v. JOHN D. MESSENGER, Executor of the Will and Estate of Asa Lee Messenger, deceased, Appellee. No. 46,217Supreme Court of Kansas Opinion filed March 4, 1972. […]

502 P.2d 623 STATE OF KANSAS, Petitioner, v. ALBERT O. KIESOW, Respondent. No. 46,753Supreme Court of Kansas Opinion filed November 4, 1972. ORIGINAL PROCEEDINGS IN DISCIPLINE ATTORNEYS — Solicitation, Misuse of Client’s Funds and Misconduct — Indefinite Suspension. Opinion filed November 4, 1972. Judgment for Petitioner. Curt T. Schneider, Assistant Attorney General, argued the cause, […]

297 P.2d 177 FRED B. JOHNSON, Administrator of the Estate of Walter E. Keith, Deceased, Appellee, v. LYLE KILLION, doing business as Killion Service Stations, and EMPLOYERS MUTUAL CASUALTY COMPANY, Appellants. No. 40,061Supreme Court of Kansas Opinion filed May 5, 1956. SYLLABUS BY THE COURT PLEADING — Motion to Strike Certain Allegations of Answers as […]

238 P.2d 517 BETTY MAY HANSON, a minor, by MAYIE PICKREL, her mother, natural guardian and next friend, Appellant, v. RICHARD E. SWAIN, Appellee. No. 38,466Supreme Court of Kansas Opinion filed December 8, 1951. SYLLABUS BY THE COURT 1. AUTOMOBILES — Guest Statute — What Petition Must Allege. To state a cause of action under […]

368 P.2d 308 CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION No. 795, Appellee, v. KANSANS FOR THE RIGHT TO WORK, a corporation, Appellant. S.E. SMITH, Appellee, v. KANSANS FOR THE RIGHT TO WORK, a corporation, Appellant. Nos. 42,319, 42,318Supreme Court of Kansas Opinion filed January 20, 1962. SYLLABUS BY THE COURT 1. LIBEL AND SLANDER — […]

61 P.3d 641 In the Matter of DAVID McLANE BRYAN, Respondent. No. 89,105.Supreme Court of Kansas Opinion filed January 24, 2003. ATTORNEY AND CLIENT — Disciplinary Proceeding — Published Censure. Original proceeding in discipline. Opinion filed January 24, 2003. Published censure. Stanton A. Hazlett, disciplinary administrator, argued the cause and was on the brief for […]

909 P.2d 679 STATE OF KANSAS, Appellee, v. YIXIN ZHU, Appellant. No. 72,958Court of Appeals of Kansas Opinion filed January 12, 1996 SYLLABUS BY THE COURT 1. STATUTES — Construction — Legislative Intent. The most fundamental rule of statutory construction is that the intent of the legislature governs if that intent can be ascertained. 2. […]

556 P.2d 885 STATE OF KANSAS, Appellee, v. JAMES D. JACKSON, Appellant. No. 48,081Supreme Court of Kansas Opinion filed November 6, 1976. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Burglary — Sufficiency of Evidence — Footprint Testimony by Lay Witness — Admissibility. In an appeal from a conviction for burglary it is held: (1) […]

673 P.2d 460 PEGGY LORENCE, formerly Peggy Jones, Appellant, v. FARMERS ALLIANCE MUTUAL INS. CO., Appellee. No. 55,497Court of Appeals of Kansas Opinion filed December 22, 1983 Petition for review denied 234 Kan. 1076 (1984). SYLLABUS BY THE COURT 1. INSURANCE — Intention of Parties. The test to be applied in determining the intention of […]

39 P.3d 682 STATE OF KANSAS, Appellee, v. LEONARD BILLINGS, Appellant. No. 85,657Court of Appeals of Kansas Opinion filed: February 8, 2002. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Revocation of Probation — Statutory Procedures. K.S.A. 22-3716 governs the procedures for revocation of probation in this State and meets all the constitutional requirements for […]

457 P.2d 162 ELLA STRICKLAND, et al., Appellants, v. CITY OF WICHITA, et al., Appellees. MINNIE SCHRAMM, Appellant, v. CITY OF WICHITA, et al., Appellees. No. 45,661Supreme Court of Kansas Opinion filed July 17, 1969. SYLLABUS BY THE COURT MUNICIPAL CORPORATIONS — Construction of Sewer — Assessments on Square Footage Basis — Computation Based on […]

649 P.2d 400 DANIEL CARPENTER, Appellant, v. DAMON V. JOHNSON; SHAWNEE COUNTY, KANSAS; JEFFERSON COUNTY, KANSAS; and STATE OF KANSAS, Appellees. No. 54,023Supreme Court of Kansas Opinion filed July 22, 1982. SYLLABUS BY THE COURT 1. TORTS — Traffic Signing Exception to Governmental Liability. The Kansas Tort Claims Act contains a signing exception, K.S.A. 1981 […]

873 P.2d 195 STATE OF KANSAS, Appellee, v. AARON E. FLANAGAN, Appellant. No. 69,823Court of Appeals of Kansas Opinion filed April 29, 1994 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Contempt — Appeal from Conviction for Criminal Contempt Not Rendered Moot after Defendant Has Served Full Jail Time. The appeal of a conviction for […]

642 P.2d 120 CITY OF TOPEKA, KANSAS, a municipal corporation, Appellant, v. STAUFFER COMMUNICATIONS, INC., Appellee. No. 52,919Court of Appeals of Kansas Opinion filed March 5, 1982 SYLLABUS BY THE COURT 1. JUDGMENTS — Acquiescence in Judgment — Effect on Right to Appeal. As a general rule, anything which savors of acquiescence in a judgment […]

379 P.2d 545 MACK-WELLING LUMBER AND SUPPLY COMPANY, INC., a Corporation, Appellant, v. W.H. BEDORE and GEORGINE BEDORE, His Wife; W.H. BEDORE and RAYMOND BEDORE, a Partnership, d.b.a. BEDORE BROS.; THE HAYS BUILDING AND LOAN ASSOCIATION, Ellis County, Kansas, a Corporation; CURTIS ARMBRISTER and KAREN ARMBRISTER, Husband and Wife, Appellees. No. 43,077Supreme Court of Kansas […]

404 P.2d 222 In the Matter of the Estate of D.N. Freeman, Deceased. MARGARET ELIZABETH PEROTTI and NANCY ANN HOWELL (formerly Nancy Ann Braile), Appellees, v. THE FIRST NATIONAL BANK OF TOPEKA, Executor, Appellant. No. 44,084Supreme Court of Kansas Opinion filed July 10, 1965. SYLLABUS BY THE COURT 1. PERPETUITIES — Rule Stated and Recognized. […]

724 P.2d 699 CITY OF WICHITA, Appellee, v. DARRELL D. HULL, Appellant. No. 58,713Court of Appeals of Kansas Opinion filed September 11, 1986 SYLLABUS BY THE COURT 1. CRIMINAL LAW — Driving under Influence — Proof of Intent Not Required for Conviction. Driving while under the influence of drugs as prohibited by K.S.A. 1984 Supp. […]

850 P.2d 283 STATE OF KANSAS, Appellee, v. RUSSELL A. VAN WEY, Appellant. No. 67,598Court of Appeals of Kansas Opinion filed April 16, 1993 SYLLABUS BY THE COURT 1. SEARCH AND SEIZURE — Automobile Search Incident to Arrest — Search of Passenger Compartment — When Permissible. Under New York v. Belton, 453 U.S. 454, 69 […]

532 P.2d 1093 WILFORD L. CLINE AND R. LEONA CLINE, Appellees, v. GEORGE A. ANGLE, Appellant. No. 47,419Supreme Court of Kansas Opinion filed March 1, 1975. SYLLABUS BY THE COURT 1. OIL AND GAS — Grant or Reservation — Nature of Instrument Determined by Terms. The true nature and character of a grant or reservation […]

352 P.2d 444 KENNETH P. ROCKHILL, Administrator of the Estate of Albert W.C. Timm, a/k/a Albert Timm, Deceased, Appellee, v. NICK J. TOMASIC, Appellant. No. 41,781Supreme Court of Kansas Opinion filed May 14, 1960. SYLLABUS BY THE COURT 1. APPEAL AND ERROR — Motion to Strike Meritorious Defense in Answer — When Final Order. A […]

577 P.2d 1186 STATE OF KANSAS, Appellee, v. JAMES E. BELL, Appellant. No. 49,045Supreme Court of Kansas Opinion filed May 6, 1978. MEMORANDUM OPINION CRIMINAL LAW — First Degree Murder and Aggravated Kidnapping — Venue — Separate Trials — Admissibility of Evidence — Jury Instructions. Appeal from Sedgwick district court, division No. 3, B. MACK […]

611 P.2d 180 LILLIAN F. CLAPHAN, Claimant-Appellant, v. GREAT BEND MANOR, Respondent-Appellee, and COMMERCIAL UNION ASSURANCE COMPANY, Insurance Carrier-Appellee, and KANSAS WORKMEN’S COMPENSATION FUND, Appellee. No. 51,547Court of Appeals of Kansas Opinion filed May 23, 1980 Petition for review denied 228 Kan. 806. SYLLABUS BY THE COURT WORKERS’ COMPENSATION — Aggravation of Preexisting Injury — […]

895 P.2d 1265 IN THE MATTER OF THE MARRIAGE OF JERRIE MARIE LEWALLEN, Appellee, and RICHARD RAY LEWALLEN, Appellant. No. 71,815Court of Appeals of Kansas Opinion filed May 26, 1995 SYLLABUS BY THE COURT 1. PARENT AND CHILD — Child Support — Computation of Farmer’s Domestic Gross Income. For the purposes of the Kansas Child […]

122 P.3d 838 STATE v. DOAN. No. 91,760.Court of Appeals of Kansas. November 18, 2005. Appeal from Johnson. Decision without published opinion. Sentences vacated and case remanded with directions.

298 P.2d 290 In the Matter of the Estate of S.P. Burling, deceased. (ROBERT BURLING, Appellant, v. W.W. BURLING, Appellee.) No. 40,077Supreme Court of Kansas Opinion filed June 9, 1956. SYLLABUS BY THE COURT 1. WILLS — Judgment of Final Settlement — No Appeal Taken — Conclusiveness of Judgment. When an estate is fully settled […]

495 P.2d 1019 STATE OF KANSAS, Appellee, v. RAY RINCONES, Appellant. No. 46,479Supreme Court of Kansas Opinion filed April 8, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Facts Established by Circumstantial Evidence. Material facts in a criminal case may be established by circumstantial evidence so long as that evidence satisfies the applicable requirements […]

644 P.2d 428 B.W. KLIPPEL, JR., Appellant, v. JAMES W. HEINTZ and HELEN J. HEINTZ, husband and wife, also dba IVERNESS OIL COMPANY, Appellees. No. 53,291Supreme Court of Kansas Opinion filed May 8, 1982. SYLLABUS BY THE COURT CIVIL PROCEDURE — Jurisdiction over Nonresident Defendants — Long-arm Jurisdiction — Forum Non Conveniens. In an action […]

892 P.2d 497 RESOLUTION TRUST CORPORATION, Plaintiff, v. ERNEST M. FLEISCHER, et al., Defendants. No. 72,429Supreme Court of Kansas Opinion filed March 17, 1995. SYLLABUS BY THE COURT TORTS — Vested Property Interest of Holder of Accrued Tort Actions — Constitutionality of Retroactive Law That Restricted Personal Liability of Certain Corporate Officers and Directors. The […]

95 P.3d 1022 STATE OF KANSAS, Appellee, v. CHARLES D. BOLEY, Appellant. No. 91,804.Court of Appeals of Kansas Opinion filed August 20, 2004. Petition for review granted January 28, 2005.[1] SYLLABUS BY THE COURTCRIMINAL LAW — Plea Agreement — Successful Argument by Defendant That Sentence Impermissibly Increases Incarceration Term beyond That Permitted by Law — […]

900 P.2d 865 In the Matter of the Estate of ESTHER TUBBS, deceased. No. 70,975Court of Appeals of Kansas Opinion filed August 4, 1995 Petition for review denied 258 Kan. 858 (1995). SYLLABUS BY THE COURT 1. TAXATION — Generation-skipping Transfer Tax. The generation-skipping transfer tax imposed by Internal Revenue Code § 2601 et seq. […]

200 P.3d 479 SHARON McCREADY, Appellee, v. PAYLESS SHOESOURCE and FIDELITY GUARANTY INS., Appellants. No. 100,191.Court of Appeals of Kansas. Opinion filed January 30, 2009. SYLLABUS BY THE COURT1. WORKERS COMPENSATION — Findings of Fact by Workers Compensation Board — Appellate Review. In a workers compensation case, we limit our review of questions of fact […]

643 P.2d 100 AUGUSTA BANK TRUST, Appellee, v. DON BROOMFIELD, JR., Appellant, v. PAUL MANN, Appellee, and DON BROOMFIELD, JR., Appellant, v. PAUL MANN, TOWN COUNTRY BUSINESS TRUST and FIRST NATIONAL INVESTORS CORPORATION, Appellees, and DON BROOMFIELD, JR., Appellant, v. PAUL MANN, PHILIP HAMM, JAMES W. VESTRING, TWO CROW RANCH CORPORATION, A Kansas Corporation, TOWN […]

306 P.2d 164 CECIL COFFEY, Special Administrator of the Estate of Maggie Birdzell, deceased, Appellant, v. HAZEL SHROPE, Appellee. No. 40,358Supreme Court of Kansas Opinion filed January 12, 1957. SYLLABUS BY THE COURT 1. COURTS — Action to Bring Assets Into Estate — Jurisdiction Vested in District Court. Where an executor, administrator or special administrator […]

114 P.3d 190 STATE v. ALLEN. No. 91,993.Court of Appeals of Kansas. July 1, 2005. Appeal from the Ford. Decision without published opinion. Affirmed.

860 P.2d 56 COLORADO INTERSTATE GAS COMPANY and ANR PIPELINE COMPANY, Appellants, v. MARK BESHEARS, SECRETARY OF REVENUE, et al., Appellees. No. 69,322, 69,323, 69,442Court of Appeals of Kansas Opinion filed September 24, 1993 Petition for review filed October 7, 1993.[1] [1] REPORTER’S NOTE: Ruling on petition held pending action by United States Supreme Court […]

360 P.2d 883 In re Estate of Isabelle H. Snyder, Deceased. (CLARENCE E. HULSE, FERN E. BRUNT, and HAZEL V. CAMPBELL, Appellants, v. JAMES N. SNYDER, Appellee.) No. 41,986Supreme Court of Kansas Opinion filed April 8, 1961. SYLLABUS BY THE COURT EXECUTORS AND ADMINISTRATORS — Allowance of Partial Attorney Fees. The record examined in a […]

931 P.2d 34 STATE OF KANSAS, Appellee, v. TIMOTHY A. CARR, SR., Appellant. No. 75,018Court of Appeals of Kansas Opinion filed January 17, 1997 SYLLABUS BY THE COURT CRIMINAL LAW — Entrapment — Jury Instruction. The entrapment instruction as stated in PIK Crim. 3d 54.14 is approved. Appeal from Sedgwick District Court; REBECCA L. PILSHAW, […]

502 P.2d 786 THE STATE OF KANSAS, Appellee, v. THEODORE W. FORD, Appellant. No. 46,675Supreme Court of Kansas Opinion filed November 4, 1972. SYLLABUS BY THE COURT 1. CRIMINAL LAW — Testimony at Previous Trial — Absent Witness — When Testimony Admissible. When the trial court in a criminal action is satisfied from the evidence […]

19 P.3d 84 STATE OF KANSAS, Appellee, v. FAYVUN MANNING, Appellant. No. 82,447Supreme Court of Kansas Opinion filed: March 9, 2001. SYLLABUS BY THE COURT 1. TRIAL — Hostile Witness — Determination within Trial Court Discretion. The determination of whether a witness is hostile is within the discretion of the trial court and is based […]

574 P.2d 136 ANGELA DAWN CHANDLER, a minor, by KAREN G. CHANDLER, her mother and next friend, and KAREN G. CHANDLER, individually, Appellants, v. NEOSHO MEMORIAL HOSPITAL and ALEXANDER MIH, Appellees. No. 48,500Supreme Court of Kansas Opinion filed September 7, 1977. SYLLABUS BY THE COURT 1. HOSPITALS — Standard of Medical Care — Established by […]

392 P.2d 127 LINCOLN SLADE, Appellee, v. CITY CABS, INC., a Corporation and DEAN E. STROLE, Appellants. No. 43,668Supreme Court of Kansas Opinion filed May 9, 1964. SYLLABUS BY THE COURT CARRIERS — Injuries to Passenger in Taxicab — Proper Care — Demurrer to Evidence — Excessive Verdict — New Trial Denied. In an action […]

522 P.2d 173 DAVID THOMAS KOWALEC, Appellant, v. THE STATE OF KANSAS, Appellee. No. 47,278Supreme Court of Kansas Opinion filed May 11, 1974. MEMORANDUM OPINION CRIMINAL LAW — Post-conviction Relief Denied — Constitutionality of the Habitual Criminal Act. Appeal from Johnson district court, division 1; HERBERT W. WALTON, judge. Opinion filed May 11, 1974. Affirmed. […]

356 P.2d 826 G.M. WEHKAMP, Appellant, v. THE CITY OF GARDEN CITY, FINNEY COUNTY, KANSAS, a Municipal Corporation, Appellee. No. 41,968Supreme Court of Kansas Opinion filed November 12, 1960. SYLLABUS BY THE COURT 1. NEGLIGENCE — Res Ipsa Loquitur — Rules Stated. Rules pertaining to the application of the doctrine of res ipsa loquitur are […]

510 P.2d 1296 VICKRIDGE First and Second Addition HOMEOWNERS ASSOCIATION, INC., N.H. PRONKO, LEE PHILLIPS, III, RUSSELL W. TAYLOR, GEORGE REED, DR. HARVEY W. HEFLEY, NICK ONOFRIO, JEFF LYLE, DR. D.O. HOWARD, D.R. SODER, A.K. WILSON, DR. NORMAN K. PULLMAN, JACK SPINES, JR., and DAN CALIENDO, Appellees, v. CATHOLIC DIOCESE OF WICHITA, Appellant. No. 46,837Supreme […]

798 P.2d 488 STATE OF KANSAS, Appellee, v. GILBERT MATSON, Appellant. No. 63,870Court of Appeals of Kansas Opinion filed August 31, 1990 SYLLABUS BY THE COURT 1. CRIMINAL LAW — “Included Crime” — Defined. The “included crime” provided for in K.S.A. 21-3107(2)(d), and to which the proscription of the statute applies, is a lesser crime […]

229 P.2d 737 HARRIET GLENN, Appellant, v. CITY OF TOPEKA, a Kansas Municipal Corporation, Appellee. No. 38,193Supreme Court of Kansas Opinion filed April 7, 1951. SYLLABUS BY THE COURT 1. TRIAL — Verdict — Disapproval by Trial Court — New Trial Granted. In an action for damages for personal injuries, in which the jury answered […]

244 P.3d 1281 EUGENE WAYNE SNIDER, d/b/a WEST HEATING COOLING, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE CO., Appellee. No. 103,340.Court of Appeals of Kansas. Opinion filed January 7, 2011. SYLLABUS BY THE COURT1. APPEAL AND ERROR — Attorney Fees — Appellate Review. Where a trial court has the authority to grant attorney fees, its decision […]

405 P.2d 350 TROY HATAWAY, Appellant, v. PROCTOR GAMBLE MANUFACTURING COMPANY, a Corporation, Appellee. No. 44,047Supreme Court of Kansas Opinion filed August 17, 1965. SYLLABUS BY THE COURT WORKMEN’S COMPENSATION — Tort Action for Damages — Claimant Not an Employee Under Act. In an appeal by an employee of a construction company the record is […]