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The opinion of the court was delivered by
Hatcher, C.:
This is an appeal from a conviction of assault endangering the life of another as prohibited by K. S. A. 21-435.
The following facts may be gleaned from the state’s evidence.
On the 22nd day of June, 1968, shortly after 12:00 noon, the defendant and JoAnn Bracken, ... | [
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The opinion of the court was delivered by
Fontron, J.:
In this appeal we are concerned with the interpretation of fhe last will and testament of John F. Maguire. The foremost and primary question is stated by the parties to be whether fhe seventh paragraph violates the rule against perpetuities and is an unreasonable r... | [
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The opinion of the court was delivered by
Fatzer, J.:
This was an action for personal injuries and property damage sustained by the plaintiff, Orby A. Curby, when his automobile was struck by a trailer owned by the defendant, Ulysses Irrigation Pipe Company, Inc. The trailer was being pulled by the defendant’s pickup t... | [
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The opinion of the court was delivered by
Fromme, J.:
Linvil “Red” O’Neal was convicted of second degree murder for shooting Jack Maples with a shotgun on October 23, 1967. The defendant waived a jury and was tried before the court. This is a direct appeal.
The defendant presents two specifications of error. The first ... | [
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The opinion of the court was delivered by
Kaul, J.:
This is an appeal from an order denying relief on petitioners motion filed pursuant to K. S. A. 60-1507. Petitioner’s motion attacks a sentence for a term of not exceeding three years imposed after a plea of guilty to the offense of escaping from the Kansas State Peni... | [
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The opinion of the court was delivered by
Kaul, J.:
This is an appeal by respondent and its insurance carrier, hereafter referred to as respondents, from an award of permanent partial disability in a workmen’s compensation case.
The examiner’s award of compensation for seventy-five percent permanent partial disability ... | [
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The opinion of the court was delivered by
Price, C. J.:
This case grows out of a tax foreclosure action.
K. S. A. 79-2804b provides that all actions to open, vacate, modify or set aside any tax foreclosure judgment or any sale made thereunder, must be commenced within twelve months after the date of confirmation of the... | [
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The opinion of the court was delivered by
Schroeder, J.:
This is a proceeding instituted pursuant to K. S. A. 60-1507 to vacate a judgment and sentence to life imprisonment upon the defendant’s conviction of murder in the first degree in the year 1956. Appeal has been duly perfected from the refusal of the trial court ... | [
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The opinion of the court was delivered by
Fontron, J.:
The defendant was charged with second degree burglary and larceny. On January 25, 1968, he appeared before the district court of Sedgwick County, Kansas, with retained counsel, and entered a plea of guilty to both charges. He was thereupon sentenced to the Kansas S... | [
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The opinion of the court was delivered by
Schroeder, J.:
This is an action by the plaintiff to recover permanent and total disability benefits of $6,500 under a group insurance policy issued by the Aetna Life Insurance Company (defendant-appellee). The case was submitted to a jury which returned a verdict in favor of t... | [
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The opinion of the court was delivered by
Fatzer, J.:
This was an action to recover monthly benefits under a health and accident disability income insurance policy. The case was here previously and the facts and issues giving rise to the present appeal are stated in the court’s opinion in Schneider v. Washington Nation... | [
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The opinion of the court was delivered by
Hatcher, C.:
This is an appeal from an order overruling a motion for judgment against a non-answering garnishee because of improper service of the order of garnishment.
The facts are not in dispute. The appellants, J. B. Briscoe and his wife, obtained a money judgment against t... | [
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The opinion of the court was delivered by
Kaul, J.:
Plaintiff-appellee, Peoples State Bank, instituted this action, originally in replevin, to recover possession from defendants-appellants of an oil rig and equipment in which plaintiff claimed a special ownership by virtue of a chattel mortgage, executed by Joe K. Bran... | [
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The opinion of the court was delivered by
Schroeder, J.:
This is an appeal in a K. S. A. 60-1507 action by the petitioner from the refusal of the trial court to grant relief.
Most points asserted by the petitioner stem from his failure to have a transcript of the trial in the criminal proceedings available.
On the 29th... | [
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The opinion was delivered by
Luckert, J.:
This case involves five consolidated telecommunication cases where the Board of Tax Appeals (BOTA) upheld the Department of Revenue’s (Department) denial of refund claims. Five telecommunication companies seek a refund of the sales tax paid on purchases of telecommunication equ... | [
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The opinion of the court was delivered by
Beier, J.:
Lloyd Messer appeals his conviction of misdemeanor false impersonation of a Kansas Bureau of Investigation (KBI) agent. He claims the governing statute, K.S.A. 21-3824, is unconstitutional and the evidence against him insufficient. We affirm.
The conviction arose out... | [
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The opinion was delivered by
Luckert, J.:
This is a dispute between an ex-wife and the second wife over federal survivor benefits. The ex-wife had been awarded a percentage of the benefits as part of a property settlement agreement at the time of divorce. The husband subsequently tried to change the beneficiary when he... | [
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The opinion of the court was delivered by
Gernon, J.:
The State Self-Insurance Fund appeals the district court’s decision to disqualify administrative law judge (ALJ) Bruce Moore from this case and any other case in which the claimant is represented by attorney Roger Riedmiller.
Lois Sander filed a workers compensation... | [
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The opinion of the court was delivered by
Beier, J.:
Benny Ray Smith was convicted of premeditated first-degree murder and sentenced to life in prison. This is his direct appeal. We affirm.
Smith’s conviction arose out of the shooting death of Michelle Scott. Evidence presented at trial demonstrated that Scott was shot... | [
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Ver Curiam,-.
The defendants in this case, the State of Kansas (appellant/cross-appellee) along with Janet Waugh, Sue Gamble, John Bacon, Bill Wagnon, Connie Morris, Bruce Wyatt, Kenneth Willard, Carol Rupe, Iris Van Meter, Steve Abrams and Andy Tompkins (the State Board of Education related defendants) (appellants/cro... | [
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The opinion of the court was delivered by
Beier, J.:
Jerome Carter appeals his convictions and sentences for first-degree felony murder, aggravated robbeiy, and criminal possession of a firearm.
These convictions followed Carter’s second trial. He was originally convicted of first-degree premeditated murder, aggravated... | [
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The opinion of the court was delivered by
Porter, J.:
Appellant seeks to reverse a judgment of the district court by which he was convicted of the crime of obtaining illicit connection, under a promise of marriage, with a female of good repute under twenty-one years of age, in violation of section 2021 of the General S... | [
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Per Curiam:
Plaintiff asks for a review of trial errors without presenting either a case-made or a bill of exceptions. He brings a transcript of the record, and puts into it what is claimed to be a transcript of the evidence, with exceptions, and the rulings of the court. There is no certificate of the stenographer tha... | [
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The opinion of the court was delivered by
Porter, J.:
The petition alleged that plaintiff had an exclusive lease of the right to mine the land for lead and zinc. His own evidence of the contract made in a conversation with the manager of the company is as follows:
“Ques. What was that conversation? Ans. I could not rep... | [
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The opinion of the court was delivered by
Greene, J.:
It is contended that the court erred in overruling plaintiff’s demurrer to defendant’s evidence, because of a failure of proof that he had returned or offered to return the machine to the place where he had received it. Under the original contract, before the defend... | [
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Per Curiam:
Rule 7 of this court, relating to the preparation of cases to be considered, is ignored in the respect that no index of the record has been supplied. Rule 10 has also been utterly disregarded. However, as it was stated on the presentation of the case that reasons existed which palliate the infraction of the... | [
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The opinion of the court was delivered by
Greene, J.:
Before examining the errors assigned it should be ascertained whether the, plaintiff ever had any interest in the- land in controversy, and, if so, the nature of such interest, and whether it was barred by the statute of limitations. If the facts stated in her petit... | [
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The opinion of the court was delivered by
Porter, J.:
A situation rather anomalous is presented by the record in this case. Plaintiffs in error seek to reverse a judgment recovered against them in the district court by Nannie K. Brown in an action for damages for forcibly taking possession of real estate, and for injur... | [
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Per Curiam:
Edwards shipped from Texas a car-load of strawberries containing five hundred and twenty crates, which he claimed to have sold Voight at two dollars per crate. Two hundred and eighty crates were consigned to one Cope at Topeka, according, as Edwards claims, to Voight’s directions.
Voight claims that he did ... | [
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Per Curiam:
This was a suit on a promissory note' and to foreclose a mortgage. While the suit was pending an adjustment and settlement was had between the parties, and the defendant paid to plaintiff the full amount of her claim. The plaintiff then filed a motion to dismiss the suit at her cost, without prejudice. The ... | [
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The opinion of the court was delivered by
Graves, J.:
The plaintiff in error claims that the district court erred in holding that she took only a life-estate under her father’s will, and also in dismissing the suit. We agree with her upon both propositions. Every owner of real estate has the right to hold and enjoy it ... | [
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The opinion of the court was delivered by
Burch, J.:
The plaintiff sued the defendant for damages sustained on account of fires negligently set in the operation of the defendant’s trains. The sum demanded was $455 damages and an attorney’s fee of $125. The defendant pleaded contributory negligence. After a trial the ju... | [
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The opinion of the court was delivered by
Johnston, C. J.:
This was a suit by Effie J. Beard to correct and reform a deed executed by E. Cox and his wife, Dora Cox, conveying a tract of land in the city of Wichita. She alleges that for a consideration of $6000 they agreed to convey to her a tract of land fronting on Wa... | [
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The opinion of the court was delivered by
Johnston, C. J.:
The Saline River' Land & Mineral Company leased a tract of land known as the Barnes ranch to Gilbert Brothers at an annual cash rental of $2500 for a term of five years, beginning April 1, 1902. On October 1, 1903, Gilbert Brothers entered into an agreement wit... | [
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The opinion of the court was delivered by
Parker, J.:
Edna Bradbury, claiming to be the owner of three tracts of land located in Crawford county under and by virtue of as many quitclaim deeds executed by the owner of such property in his lifetime, brought two actions in the district court of such county against the hei... | [
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The opinion of the court was delivered by
Smith, J.:
This is an action to set aside a tax deed to real estate, and to quiet title to rights and interests claimed in the real estate. The trial court overruled defendants’ demurrer to plaintiffs’ petition. Defendants have appealed.
The action has been in this court before... | [
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2... |
The opinion of the court was delivered by
Arn, J.:
This appeal involves a judicial construction of G. S. 1947 Supp. 59-2408, concerning the right to a trial by jury in the district court on an appeal from the probate court from an order denying restoration to capacity of a person previously adjudged incompetent.
On or ... | [
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The opinion of the court was delivered by
Arn, J.:
February 26, 1947, Cyrus E. Millar departed this life, and on April 9, 1947, his last will and testament (made and executed May 5, 1945) was admitted to probate in the probate court of Kiowa county. Decedent left no surviving spouse and left surviving him no child or c... | [
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The opinion of the court was delivered by
Smith, J.:
This was a proceeding wherein one claiming to be an heir of decedent sought in probate court to have that relationship established. The probate court found that he was not an heir. On appeal the district court found that he was an heir. The acknowledged heir has appe... | [
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The opinion of the court was delivered by
Schroeder, J.:
This is a direct appeal by the defendant in a criminal action resulting from a conviction of statutory rape in violation of K. S. A. 21-424.
Various trial errors are asserted challenging the trial court’s jurisdiction, the validity of the information and the admi... | [
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9... |
The opinion of the court was delivered by
Schroeder, J.:
This is a criminal action in which the defendant is charged with selling securities without having registered them with the securities commissioner as required by K. S. A. 17-1255, and with failure to register as a broker-dealer in connection with the sale of suc... | [
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The opinion of the court was delivered by
Kaul, J.:
Defendant, Kenneth Fick, appeals from convictions by a jury of forgery in the second degree (K. S. A. 21-608) and uttering a forged instrument (K. S. A. 21-609).
The controlling question is whether the evidence establishes forgery. Defendant concedes the evidence migh... | [
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The opinion of the court was delivered by
Fromme, J.:
This appeal is from a judgment quieting plaintiffs’ title to eighty acres of land in Ellsworth county, Kansas. The defendant claims an interest in the minerals. The case was submitted to the trial court on the pleadings. The parties stipulated a judgment should be e... | [
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The opinion of the court was delivered by
Fontron, J.:
In this action Mr. and Mrs. Welch, the plaintiffs and appellants herein, have sued the city of Kansas City, Kansas, to recover damages occasioned to their property from flooding. The trial court sustained the city’s motion for summary judgment and the plaintiffs ha... | [
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The opinion of the court was delivered by
Harman, C.:
This original quo warranto action on the relation of the attorney general tests the validity of the provisions of Chapter 431, Laws of 1969, which provides a method whereby motor vehicles acquired after January 1 but before November 1 are to be listed and assessed f... | [
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The opinion of the court was delivered by
Kaul, J.:
This appeal is from an order denying relief under K. S. A. 60-1507.
Petitioner-appellant, Larry Joe Collins, was charged in the district court of Sedgwick County in three counts; attempted burglary in the second degree, possession of a pistol after a previous convicti... | [
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The opinion of the court was delivered by
O’Connor, J.:
On February 26,1968, the petitioner, John Edward Baker, filed a motion under K. S. A. 60-1507 attacking the judgment and sentence of the district court of Johnson county for the crime of grand larceny. The motion was denied, and Baker has appealed.
Baker was origi... | [
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The opinion of the court was delivered by
Kaul, J.:
Plaintiff-appellant brings this action for specific performance of a contract for the sale of eighty acres of land. Defendant-appellee, a seventy-eight year old widow, and plaintiff reached an oral agreement, which was reduced to writing on a printed form by a local b... | [
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The opinion of the court was delivered by
■ Price, C. J.:
Petitioner appeals from an order denying his motion filed under K. S. A. 60-1507 to vacate his sentence of life imprisonment.
The background of the matter is this:
On April 10, 1961, petitioner, Walter F. Nall, was charged with the offense of murder in the first... | [
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The opinion of the court was delivered by
Fromme, J.:
The defendant, W. D. Weigand, was convicted by a jury of feloniously defrauding a doctor in Dodge City, Kansas, of $5,000 by false pretenses in violation of K. S. A. 21-551. Defendant was sentenced to the penitentiary for a period of not more than five years. This i... | [
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The opinion of the court was delivered by
Harman, C.:
The issue here is whether a district court has discretionary power to allow an appeal bond to be filed out of time in an attempted appeal from probate court.
The parties to this litigation, Joseph L. Torrence and Matthias G. Torrence, are brothers. Their parents wer... | [
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The opinion of the court was delivered by
Fontron, J.:
This action is one to foreclose a mechanic’s lien against real estate owned by Abilene Motors, Inc., hereafter referred to as defendant or Abilene Motors. The lien claim is predicated on a written contract for the construction by the plaintiff, sometimes called Abb... | [
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100,
-3,
10,
52... |
The opinion of the court was delivered by
O’Connor, J.:
After a marriage spanning slightly over twenty years, Robert Eugene Sinclair was granted a divorce from his wife Hazel on February 21, 1968. Custody of their two children—Gary and David, ages eighteen and thirteen—was granted to the father. Certain property was se... | [
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The opinion of the court was delivered by
Fontron, J.:
The petitioner, Lawrence Eugene Ingram, has appealed from a judgment denying relief in an action brought pursuant to the provisions of K. S. A. 60-1507. This case has previously been before the court on a direct appeal from the judgment of conviction. Our decision ... | [
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The opinion of the court was delivered by
Harman, C.:
This is a class action brought by certain taxpayers residing in Unified School District No. 237 to enjoin issuance of general obligation bonds of the district authorized at a special election. After a hearing the trial court denied injunctive relief and plaintiffs h... | [
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69,
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44,
11... |
The opinion of the court was delivered by
Fromme, J.:
This is an appeal by plaintiff from a summary judgment entered in favor of defendants in a “slip and fall” negligence action. The plaintiff, a business invitee, was seriously injured shortly after entering defendants’ laundromat. The plaintiff accused defendants of ... | [
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0,
32,
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The opinion of the court was delivered by
Schroeder, J.:
This is an action for the wrongful death of a five year old girl as a result of a fall from the fifth floor roof of a church building. It is brought against the trustees of the church and the Montgomery Elevator Company, claiming that one or all of the defendants... | [
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The opinion of the court was delivered by
Fatzer, J.:
This is an appeal from a judgment imposed by the district court of Sedgwick County, entered on a plea of guilty to burglary in the second degree (K. S. A. 21-520), unlawful possession of a pistol (K. S. A. 21-2611), and a sentence on both counts of not less than fiv... | [
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The opinion of the court was delivered by
O’Connor, J.:
In a bid for postconviction relief under K. S. A. 60-1507, petitioner Donald Eugene Davis has appealed from the order of the district court denying his motion after an evidentiary hearing.
Two grounds are urged as the basis for setting aside petitioner’s pleas of ... | [
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Per Curiam:
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Scott C. Stock-well, of Lawrence, Kansas, an attorney admitted to the practice of law in the state of Kansas.
The complaint filed against the respondent alleged that the respondent violated KRPC 1.1 (2... | [
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The opinion of the court was delivered by
Gernon, J.:
This case involves an appeal by the defendant Jesse R. Murphy s attorney, Douglas Brunson, from the district court’s sanction of ordering Brunson to pay all costs for the trial after declaring a mistrial because Brunson failed to subpoena a witness on Murphy’s behal... | [
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In a letter received June 7, 2004, by Carol Green, Clerk of the Appellate Courts, respondent Joel D. McMullen, an attorney admitted to the practice of law in the State of Kansas, voluntarily surrendered his license to practice law in Kansas, pursuant to Supreme Court Rule 217 (2003 Kan. Ct. R. Annot. 281).
At the time ... | [
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The opinion of the court was delivered by
Allegrucci, J.:
Kansans for the Separation of School and State appeals from the district court’s memorandum decision and order denying its motion to intervene. An order denying an application to intervene is a final appealable order. State ex rel. Stephan v. Kansas Dept. of Rev... | [
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Per Curiam,-.
Baby Roe was bom to parents who lived in a residential mental health treatment facility. Because staff at the facility were concerned about the parents’ ability to care for the baby, the Kansas Department of Social and Rehabilitation Services (SRS) and the Bureau of Indian Affairs (BIA) became involved. B... | [
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The opinion of the court was delivered by
Nuss, J.:
Dale Denney appeals the denial of his motions for
correction of an illegal sentence and for DNA testing. Our jurisdiction is under K.S.A. 22-3601(b)(l), maximum sentence of life imprisonment imposed.
We hold that the trial court did not err in denying Denneys motion t... | [
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Per Curiam:
This litigation arises from the failure of the underground thermal piping system for heating and cooling at the El Dorado Correction Facility (EDCF). The State sued various entities believed responsible for the defective construction, including George M. Myers, Inc., d/b/a GMM, Inc. (GMM), Professional Mech... | [
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The opinion of the court was delivered by
Dawson, C. J.:
This is an appeal from a judgment enforcing a provision of a real-estate mortgage contract which assigned to the mortgagee the rental income of the mortgaged property.
The action was to foreclose a mortgage on a house and lot in Salina which defendants had execut... | [
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The opinion of the court was delivered by
Wedell, J.:
This is an original proceeding in mandamus to compel the county assessor of Shawnee county to tax according to the intangible rate five shares of common stock of the American Telephone Company owned and listed for taxation by plaintiff, rather than according to the ... | [
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The opinion of the court was delivered by
Allen, J.:
This was an action to recover damages for disparagement of title. The appeal is from an order and ruling of the trial court overruling plaintiffs’ motion to strike a journal entry, and from an order sustaining defendants’ motion to strike the second amended petition ... | [
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The opinion of the court was delivered by
Wedell, J.:
This was an action by an administrator de bonis non to recover possession of a certificate of corporate stock and dividends collected thereon. A demurrer based upon the grounds the petition stated insufficient facts to constitute a cause of action, and that the acti... | [
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The opinion of the court was delivered by
Thiele, J.:
Plaintiff seeks by mandamus to compel the state auditor to register certain school-district bonds. The sole question before us is whether the school district was authorized to issue bonds to accomplish the purposes hereafter mentioned, and arises out of the followin... | [
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The opinion of the court was delivered by
, Dawson, C. J.:
This was an action on a Missouri judgment. Defendants’ answer pleaded their discharge in bankruptcy. Plaintiff’s demurrer thereto was overruled. Hence this appeal.
. Going somewhat into details, it appears that some years ago (the record is short on dates) defe... | [
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The opinion of the court was delivered by
Allen, J.:
This action was to revive three certain judgments. A demurrer to the motions to revive the judgments was sustained. The appeal is from an order overruling a motion for a new hearing on the demurrer.
On June 18, 1932, in a justice court in McPherson county, three sepa... | [
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The opinion of the court was delivered by
Allen, J.:
This was an action for damages for disparagement of title. A demurrer to plaintiff’s amended petition was sustained, and plaintiff appeals.
The amended petition alleged that on the 7th day of May, 1936, one John J. Chambers acquired title to an oil and gas lease on c... | [
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The opinion of the court was delivered by
Wedell, J.: This is an appeal by the plaintiff from an order overruling its application to modify and amend an order confirming a sale in a real-estate mortgage-foreclosure action in which the sale and all the proceedings of the sheriff under the order of sale had been approved... | [
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The opinion of the court was delivered by
Smith, J.:
In this action defendant was charged with the larceny of personal property, to wit: five steers of the aggregate value of $300. He was convicted and appeals.
There was evidence on behalf of the state that about 8 p. m. October 17, 1938, an accomplice drove his truck ... | [
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The opinion of the court was delivered by
Harvey, J.:
In their motion for rehearing appellants point out a slight inaccuracy in the statement of facts in the opinion (p. 614), where it was said: “He (Petree) had been permitted to intervene in the Reno county actions.” There had been, in fact, no order authorizing him t... | [
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The opinion of the court was delivered by
Smith, J.:
This was an action to partition real estate. Judgment was for an intervening petitioner. Plaintiff appeals.
The action was brought against the record title holders to 240 acres of land. The defendants were all heirs of Isaac Nees. The plaintiff was the husband of one... | [
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The opinion of the court was delivered by
Wedell, J.:
This is a workmen’s compensation case. The commission and the district court found in favor of the claimant. Re spondent has appealed from the judgment of the district court on two grounds. The first ground is that respondent’s business constitutes an agricultural p... | [
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The opinion of the court was delivered by
Allen, J.:
This is an original proceeding in mandamus.
Annie M. P. Bundy, a single woman, sometimes known as Annie Mary Bundy, was the annuitant in two certain annuity policies issued by the Equitable Life Assurance Society of the United States, hereafter referred to as the soc... | [
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The opinion of the court was delivered by
Allen, J.:
This was an action by Rose Rumsey against her husband, John L. Rumsey, for alimony. In plaintiff’s petition it was alleged that the parties were married on August 2, 1926; that they have six children ranging in age from one and one-half years to eleven and one-half y... | [
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The opinion of the court was delivered by
Wedell, J.:
This was an action for damages predicated upon an alleged slanderous statement. The defendant has appealed from an order sustaining plaintiff’s motion to strike a certain paragraph of his answer.
Plaintiff is an attorney, and according to his petition, had been enga... | [
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The opinion of the court was delivered by
Dawson, C. J.:
This was an action on a promissory note and to foreclose a mortgage given as its security. Judgment was entered in favor of plaintiff in conformity with the literal terms of the instruments executed by the makers.
That the judgment should have been quite differen... | [
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-96,
-91,
115,
105,
74,
20,
109,
118,
61,
101,
-24,
-60,
-77,
23,
3,
-110,
-13,
-7,
-43,
-79,
77,
36,
87,
77,
4,
-54,
85,
-26,
-88,
-27,
-106,
14,
-124,
-69,
103,
-39,
16,
48,
71,
... |
The opinion of the court was delivered by
Thiele, J.:
Defendant was convicted of the crime of grand larceny. He appeals, contending there was no competent evidence that the value of the articles taken was over twenty dollars, and that there was error in the instructions to the jury.
The property taken consisted of farm... | [
-16,
104,
-71,
61,
8,
96,
42,
-104,
65,
-91,
54,
115,
109,
-58,
17,
43,
-10,
-35,
84,
98,
70,
-77,
51,
83,
-42,
-77,
-39,
-59,
-71,
107,
-28,
86,
77,
48,
-62,
117,
34,
-64,
-59,
84,
-114,
4,
40,
85,
-24,
96,
52,
43,
116,... |
The opinion of the court was delivered by
Smith, J.:
This was an action for a commission for the sale of real estate. Judgment was for plaintiffs. Defendants appeal.
The petition alleged that the parties entered into a contract whereby the defendants agr.eed in writing to pay a commission of $500 to plaintiffs if they ... | [
-13,
124,
-48,
-20,
-118,
112,
56,
-101,
73,
-95,
-89,
119,
-23,
78,
4,
45,
-25,
125,
80,
106,
-57,
-78,
7,
34,
-46,
-13,
83,
-35,
-67,
-51,
-12,
21,
76,
36,
-62,
-99,
-26,
-14,
-51,
18,
94,
-123,
9,
-59,
-3,
66,
48,
59,
... |
The opinion of the court was delivered by
Allen, J.:
This action was brought by Alary Darrington to recover damages for the death of her husband in an automobile collision. Defendant prevailed, and plaintiff appeals.
On July 23, 1936, between the hours of 11 o’clock p. m. and 12 o’clock midnight, one John'Henderson was... | [
-14,
106,
-48,
-82,
90,
106,
8,
26,
117,
-111,
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83,
-83,
-37,
68,
105,
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29,
81,
107,
-9,
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23,
35,
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115,
121,
77,
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118,
-1,
77,
48,
-54,
-107,
-26,
74,
69,
94,
-58,
-126,
41,
-32,
-103,
50,
-12,
126... |
The opinion of the court was delivered by
Hoch, J.:
This was an action to recover damages for alleged malpractice by a physician. The case was tried by a jury which was unable to agree. It is here on appeal of defendant from orders of the court overruling a demurrer to the plaintiff’s evidence and overruling motions fo... | [
48,
-22,
-95,
-67,
90,
-32,
34,
74,
115,
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115,
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109,
23,
61,
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97,
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18,
43,
-6,
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83,
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48,
2,
-123,
70,
-118,
-59,
80,
-50,
-108,
-55,
-32,
88,
64,
48,
63,... |
The opinion of the court was delivered by
Harvey, J.:
Plaintiffs, alleging they were the owners of certain real property and that defendants were their tenants, sued to recover rents claimed to be due. Defendants answered that the deed by which they had conveyed the property to plaintiffs and the lease contract contain... | [
112,
111,
-40,
-114,
-38,
100,
42,
-102,
73,
-96,
55,
87,
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13,
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73,
85,
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4,
3,
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-62,
-43,
-26,
-32,
-59,
92,
-114,
-123,
57,
68,
-39,
64,
52,
107,... |
The opinion of the court was delivered by
Harvey, J.:
A rehearing was granted in this cause, the record has been examined again, and all the briefs and arguments of counsel have been reconsidered. The court finds no reason to disturb its former decision, and it is adhered to. | [
-16,
-20,
102,
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10,
66,
35,
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103,
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2,
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102,
-56,
115,
86,
-122,
39,
-72,
-51,
-55,
56,
52,
32,
... |
The opinion of the court was delivered by
Smith, J.:
This was a garnishment proceeding wherein the plaintiff in an action for damages sought to collect the judgment she had obtained in her damage action from a corporation she claimed was indebted to the defendant in that action. Judgment was for the plaintiff. The garn... | [
-16,
-2,
-104,
-19,
11,
-32,
34,
10,
89,
-31,
-91,
83,
-19,
-58,
13,
41,
-1,
29,
69,
107,
-9,
-93,
23,
3,
-14,
-73,
-5,
-36,
-78,
79,
-20,
-36,
77,
48,
10,
-43,
-26,
-38,
-59,
62,
78,
-122,
-87,
-19,
-7,
72,
48,
58,
-14,... |
The opinion of the court was delivered by
Smith, J.:
This is an original proceeding in quo warranto. The form of the action is to question the right of the governing body of the city of Lawrence to enter into a lease with the military board of the state for the use of a building which the city authorities contemplate b... | [
112,
107,
-7,
-2,
26,
96,
8,
-104,
59,
-71,
-92,
-45,
-87,
11,
5,
105,
-117,
125,
85,
121,
69,
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3,
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-13,
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93,
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-62,
-99,
-122,
-54,
-57,
-36,
-114,
-91,
10,
-31,
-43,
64,
52,
1... |
The opinion of the court was delivered by
Wedell, J.:
This was an action to cancel a regular producer’s oil and gas lease, commonly known as an “unless lease,” for failure to pay the annual delay rentals and for damages under the provisions of G. S. 1935, 55-202, for failure to release. Judgment went for plaintiff, and... | [
-16,
-22,
-47,
30,
26,
96,
10,
-101,
88,
-23,
53,
83,
73,
-46,
4,
61,
51,
77,
85,
106,
-29,
-77,
6,
-46,
-46,
-13,
-7,
-35,
-71,
93,
102,
-43,
72,
96,
74,
-43,
-26,
-62,
-59,
28,
-58,
-124,
-119,
-20,
-39,
16,
-74,
127,
... |
The opinion o'f the court was delivered by
Hoch, J.:
This was an action for damages resulting from a collision between plaintiff’s automobile and an automobile owned by the city of Independence and being driven by a city employee.' The municipality, Hackmaster, who was the city engineer, and Eades, the driver of the ci... | [
-16,
104,
-48,
-81,
58,
64,
34,
10,
80,
-91,
-28,
19,
-87,
-55,
69,
121,
-1,
63,
-48,
11,
-25,
-93,
67,
-126,
-110,
51,
-5,
-52,
-65,
-55,
118,
116,
79,
48,
-54,
-99,
38,
74,
77,
-36,
-58,
4,
-117,
-24,
89,
-53,
52,
120,
... |
The opinion of the court was delivered by
Harvey, J.:
This was an action for the partition of two 80-acre tracts of farm land in Butler county. The titles were of record in the name of Clifton Dwight Healy, commonly known as C. D. Healy, at the time of his death, intestate, July 24, 1929. Plaintiffs are the children of... | [
-11,
108,
-3,
124,
26,
-32,
74,
-104,
96,
-94,
-13,
87,
43,
-45,
1,
97,
98,
45,
-63,
123,
-92,
-89,
87,
113,
-45,
-45,
-95,
93,
-79,
-39,
102,
-41,
76,
44,
-118,
87,
-58,
32,
-57,
84,
-114,
-120,
-71,
76,
89,
16,
52,
57,
... |
The opinion of the court was delivered by
Wedell, J.:
This was an action to recover damages for injuries sustained by plaintiff, a pedestrian, when struck by a truck of the defendant, the Phillips Petroleum Company, a corporatipn, driven by the defendant Frank Fisher, while plaintiff was crossing a street in Kansas Cit... | [
-48,
-22,
-16,
-114,
24,
96,
42,
-102,
65,
-107,
-89,
19,
-81,
-61,
-124,
123,
127,
121,
-11,
-6,
85,
-93,
7,
-45,
-14,
55,
-15,
-59,
-77,
90,
102,
95,
76,
112,
-54,
-107,
102,
72,
-59,
92,
-114,
-90,
-87,
-32,
-37,
26,
-80,... |
The opinion of the court was delivered by
Dawson, C. J.:
This was an action for damages for malicious prosecution.
On July 2, 1936, the defendant, Dr. T. F. Brennan, county health officer of Ness county, instituted lunacy proceedings against the plaintiff, Joe Eckl, by filing therein his affidavit alleging that Eckl wa... | [
-16,
-24,
-72,
-113,
10,
96,
-88,
90,
91,
-125,
-79,
119,
-85,
-41,
4,
55,
-15,
77,
84,
123,
-5,
-77,
55,
3,
-110,
-13,
-23,
-59,
-77,
-52,
-28,
-33,
12,
48,
10,
21,
-58,
10,
-29,
92,
-50,
-124,
-71,
-32,
88,
88,
48,
127,
... |
The opinion of the court was delivered by
Smith, J.:
This was an action to recover money. Judgment was for plaintiff. Defendant appeals.
The plaintiff is a drainage district in Montgomery county. The action is brought to recover money which the drainage district was compelled to expend to repair a floodgate in the dike... | [
-16,
-18,
-95,
108,
26,
-64,
0,
10,
73,
-79,
-11,
83,
-119,
-118,
4,
127,
-29,
127,
-28,
113,
-58,
-77,
87,
-77,
-46,
-13,
-1,
-51,
-5,
125,
-28,
-60,
76,
48,
74,
-99,
6,
-62,
71,
92,
-114,
-122,
-120,
-27,
-51,
11,
52,
10... |
The opinion of the court was delivered by
Allen, J.:
This action was to recover possession and to quiet title to lot 4, block 7, Baxter Springs, Cherokee county, Kansas. The appeal is from a judgment overruling a demurrer to the petition.
The petition alleged: That Benjamin Quapaw, a full-blood Qua-paw Indian, died in ... | [
-12,
110,
-79,
60,
26,
96,
8,
-110,
123,
-93,
-91,
83,
47,
90,
-124,
121,
115,
25,
81,
105,
-58,
-73,
94,
74,
18,
-77,
-111,
-35,
-80,
88,
-27,
-41,
72,
32,
74,
21,
70,
-24,
-31,
92,
-114,
32,
11,
77,
-47,
-64,
60,
111,
... |
The opinion of the court was delivered by
Wedell, J.:
This was an action to recover commissions for the sale of petroleum products alleged to be due under an oral contract. The action was tried by the court. Plaintiff prevailed, and the defendant appeals.
Subsequent to the filing of the appeal in this court, H. B. Brin... | [
-16,
126,
120,
-115,
26,
96,
58,
-70,
77,
-93,
-75,
83,
-19,
-44,
5,
109,
83,
125,
116,
106,
-13,
-77,
7,
-61,
-42,
-77,
-39,
-49,
-79,
75,
-27,
-41,
13,
48,
-54,
-107,
-30,
-62,
-57,
94,
-114,
0,
-103,
96,
-39,
0,
48,
42,... |
The opinion of the court was delivered by
Wedell, J.:
This was an action to obtain a declaratory judgment interpreting two sections of the new probate code. The question presented is whether an estate may be closed prior to the expiration of nine months after July 1,1939, the effective date of the new code, where the e... | [
-16,
110,
-4,
31,
42,
96,
26,
-102,
82,
-11,
37,
83,
-17,
-46,
21,
111,
115,
45,
84,
120,
-125,
-73,
22,
48,
86,
-13,
-63,
-35,
-69,
-39,
-76,
-41,
76,
32,
74,
-43,
-58,
-126,
-59,
26,
-116,
6,
-103,
-31,
-45,
18,
50,
105,... |
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