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The opinion of the court was delivered by
Thiele, J.:
The question in the above appeals is whether certain demands against a decedent’s estate were barred by the statutes of nonclaim (G. S. 1935, 22-702, 22-729). Although two demands were involved, the question now presented is the same with respect to both, and we sha... | [
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The opinion of the court was delivered by
Scheoeder, J.:
This is a wrongful death action brought by the parents of two young boys who drowned in a sand pit within the city limits of Wichita, Kansas. The case was tried to a jury on the theory of attractive nuisance and a verdict returned for the plaintiffs in the total ... | [
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The opinion of the court was delivered by
Fromme, J.:
An action was brought to determine rights in a written contract to buy and sell a house and lot in Mission, Kansas. The action was between the original parties to the contract. The plaintiff-appellee, First Construction Company, Inc., is a builder of houses. It ente... | [
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The opinion of the court was delivered by
Kaul, J.:
This is a garnishment action in which plaintiff-appellee recovered a judgment in the district court against the garnishee, State Farm Mutual Automobile Insurance Company (hereafter referred to as insurer or State Farm).
The overall issue is whether the provisions of t... | [
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The opinion of the court was delivered by
Kaul, J.:
This is an action by plaintiff, Unified School District No. 255, to recover equitable payment from defendant, Unified School District No. 254, under the provisions of K. S. A. 1965 Supp. 72-6776 [now K. S.A. 1968 Supp.]. The action stems from the division and disorgan... | [
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The opinion of the court was delivered by
Price, C. J.:
This is an action by an employee of a licensed motor carrier to recover for personal injuries sustained while in the course of his employment as the result of the alleged negligent operation of a truck by a fellow employee who at the time also was acting within th... | [
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The opinion of the court was delivered by
Hatcher, C.:
This is an appeal from a conviction of grand larceny.
The appellant contends that the court erred in admitting evidence concerning alleged offenses other than the one charged in the information.
We will present the evidence pertaining to this issue without attempti... | [
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The opinion of the court was delivered by
Schroeder, J.:
This action was instituted as a class action by the plaintiff seeking a mandatory injunction against the defendant to restore and maintain four “Senior Citizen Communities” as they existed when the plaintiff was induced to occupy her apartment five years prior to... | [
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The opinión of the court was delivered by
Hatcher, C.:
This appeal stems from a controversy over the deletion of an item of property from an insurance policy.
The facts are not in dispute.
Robert J. Bemica and Dana K. Anderson and their wives owned properties located at 1122 Van Burén and at 216 Huntoon, both in Topeka... | [
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The opinion of the court was delivered by
Kaul, J.:
This is an appeal from an order denying relief under the provisions of K. S. A. 60-1507.
In 1966 petitioner, Alfred G. Jones, was convicted of eight separate crimes, including two of murder in the first degree. The crimes related to a robbery of Steens Discount Store ... | [
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The opinion of the court was delivered by
Fatzer, J.:
The appellant, Matthew Cushinberry, has appealed from a conviction by a jury for the commission of second degree burglary and larceny (K. S. A. 21-520 and 21-524) and a sentence imposed from ten to twenty years pursuant to K. S. A. 21-523, 21-524 and 21-107a.
At abo... | [
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The opinion of the court was delivered by
Fontron, J.:
For some fourteen years Harry G. Miller, the plaintiff and appellant herein, worked for the defendant, Beech Aircraft Corporation. On March 16, 1964, on advice of his doctor, Mr. Miller gave up his employment for reasons of health. Approximately twenty-three months... | [
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The opinion of the court was delivered by
Harman, C.:
Appellant Lloyd O. Holsey was convicted by a jury of the offense of burglary in the second degree and sentenced under the habitual criminal act to a term of not less than ten nor more than twenty years in the penitentiary and has appealed from that conviction.
The f... | [
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The opinion of the court was delivered by
Harman, C.:
This is an action for the recovery of money. In a trial to the court plaintiff J. D. White prevailed and defendant Amaret C. Goldthwaite has appealed from the judgment rendered against her.
The principal question upon appeal involves the validity of the service of s... | [
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The opinion of the court was delivered by
Hatcher, C.:
This appeal stems from a controversy over liability for an eye injury incurred while a farm laborer was engaged in applying anhydrous ammonia to the soil with farm equipment.
Plaintiff when first employed by defendants operated a farm tractor. In 1963 he relieved a... | [
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The opinion of the court was delivered by
Harman, C.:
In this damage action arising from a rear-end automobile collision plantiff Tommy C. Atkins appeals from a judgment rendered against him upon an adverse jury verdict.
Plaintiff, defendant Robert P. Bayer, defendant’s wife who was his passenger, and an investigating ... | [
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The opinion of the court was delivered by
O’Connor, J.:
This was an action instituted under the provisions of K. S. A. 60-1110 by O. K. Johnson Electric, Inc., a subcontractor, against Hess-Martin Corporation, Inc., the prime contractor, and its surety to recover for labor and materials furnished in the con struction o... | [
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The opinion of the court was delivered by
Fatzer, J.:
This action was filed by the appellants to enjoin the Board of County Commissioners of Marion County from establishing Hospital District No. 1, Marion County, pursuant to the Hospital District Act (K. S. A. 80-2178 et seq., as amended). As the provisions of the Act ... | [
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The opinion of the court was delivered by
Fromme, J.:
The appellant, James L. Aldridge, was convicted by a jury and sentenced for second degree burglary (K. S. A. 21-520) and larceny in connection therewith (K. S. A. 21-524) as an habitual criminal (K. S. A. 21-107a). On direct appeal he now seeks to have the sentence ... | [
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The opinion of the court was delivered by
O’Connor, J.:
Thomas Lynch (defendant) has appealed from a $12,500 judgment entered on a jury verdict in favor of Harry Duckers (plaintiff) for personal injuries Duckers sustained as the result of a fall on November 16,1964, while a social guest in Lynch’s home.
Although severa... | [
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The opinion of the court was delivered by
Fatzer, J.:
The sole question presented is whether the appellant was in lawful custody on June 26, 1967, at the time he actually departed from the Pomona Reservoir Honor Camp, located within Osage County, and thereby unlawfully gained his liberty contrary to the provisions of K... | [
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The opinion of the court was delivered by
Hatcher, C.:
This is an appeal from an order dismissing an action to set aside an agricultural lease or in lieu thereof to reform the lease to do equity between the parties.
The motion to dismiss challenged the right to maintain the action on two grounds—(1) res judicata and (2... | [
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The opinion o£ the court was delivered by
Schroeder, J.:
This is an action to recover damages for a nuisance alleged to have been created by the city of Kansas City acting in concert with another in the operation of a trash dump adjacent to the plaintiffs’ home. On the trial of the case the jury returned a verdict in t... | [
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The opinion of the court was delivered by
Nuss, J.:
This appeal concerns two workers compensation cases which have been consolidated. Employer Schmidtlien Electric, Inc., together with its insurance carrier Trinity Universal Insurance Company (Trinity Universal), and employer Northminster Presbyterian Church, together ... | [
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The opinion of the court was delivered by
Dawson, C. J.:
This is an appeal from a judgment in favor of defendant on a plea in abatement which he interposed against his prosecution on an indictment charging blackmail.
On December 8, 1938, a grand jury in Sedgwick county indicted defendant for a felonious attempt to exto... | [
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The opinion of the court was delivered by
Thiele, J.:
Plaintiff brought an action for damages for personal injuries. At the trial the jury returned a general verdict in his favor and answered special questions on which the trial court rendered judgment in favor of the defendant. Plaintiff appeals.
In order that the cir... | [
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The opinion of the court was delivered by
Smith, J.:
This was a proceeding to probate a will. The probate court refused to permit the will to be probated. On appeal the district court refused to probate the will. The proponents of the will appeal.
When the will was offered for probate an objection was filed and the mat... | [
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The opinion of the court was delivered by
Harvey, J.:
This was an action on a life and accident insurance policy. It was tried by the court, judgment was for plaintiff, and defendant has appealed.
Defendant issued a policy to Clarence A. Shurtz, a young man about seventeen years of age, in which his mother, the plainti... | [
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The opinion of the court was delivered by
Thiele, J.:
The Central Fibre Products Company filed its income-tax return for the year ending June 30, 1935, with the income tax department, which on July 12, 1937, determined additional tax was due. Under appropriate procedure the state tax commission on February 23, 1938, ma... | [
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The opinion of the court was delivered by
Thiele, J.;
This was an action to recover amounts due on a contract for road improvements, and from a judgment against him the defendant appeals. The following statement will help explain the action.
The defendant resides within the plaintiff township in Wilson county, Kansas, ... | [
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The opinion of the court was delivered by
Dawson, C. J.:
This was an action to recover on an alleged oral contract for services rendered by a daughter to her parents. Daughter and parents are dead, and the administrator of the daughter’s estate filed a claim against her father’s estate in the probate court. The adminis... | [
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The opinion of the court was delivered by
Beier, J.:
Plaintiff Joseph Natalini brought this medical malpractice action against defendant Blake A. Little, M.D., for failing to diagnose Natalini’s lung cancer. At trial, Natalini was still alive and was expected to survive approximately 8 more months. Although he outlived... | [
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The opinion of the court was delivered by
Nuss, J.:
Charles D. Brown appeals the district court’s denial of his motion to file out of time his notice of appeal from the court’s earlier denial of his motion for postconviction relief under K.S.A. 60-1507. Our jurisdiction is under K.S.A. 20-3018(c), transfer from the Cou... | [
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The opinion of the court was delivered by
Thiele, J.:
Plaintiff filed a pleading entitled “Motion and Amended Petition,” seeking to have certain judgments vacated, set aside and held for naught. The demurrers of various defendants to this pleading were sustained, and the plaintiff appeals.
The appellant’s motion and am... | [
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The opinion of the court was delivered by
Dawson, C. J.:
This was an action to recover on a policy of life insurance. Payment was resisted on the ground that a material change had occurred in the insured’s condition of health between the time he applied for insurance and the time the policy was issued to him, and that ... | [
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The opinion of the court was delivered by
Wedell, J.:
This was an action on a promissory note, coupled with a proceeding in garnishment. The trial court rendered judgment on the note in favor of the plaintiff and against the principal defendants, O. M. Clayton and Lulu L. Clayton, his wife, in the sum of $1,002.93, but... | [
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The opinion of the court was delivered by
Allen, J.:
On December 1, 1932, two bandits entered the furniture store of Louis Deutch in Kansas City. During the robbery Deutch was shot and killed. On November 9, 1937, the county attorney of Wyandotte county filed an information charging the appellant, Elijah Townsend, with... | [
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The opinion of the court was delivered by
Thiele, J.:
This was an action to foreclose a mortgage on real estate, and from a judgment in favor of the plaintiff two of the defendants appeal.
The following statement will tend to explain matters in controversy: William Brown, a resident of Osage county, died in 1907, leavi... | [
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The opinion of the court was delivered by
Thiele, J.:
The question here presented is the measure of damages to be applied when a lienholder appeals from an award in condemnation proceedings under G. S. 1935, ch. 26, art. 1, as amended by Laws 1937, ch. 226, § 1 (G. S. 1937 Supp. 26-102). Two appeals were taken to this ... | [
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The opinion of the court was delivered by
Hoch, J.:
This was an action to enjoin the board of directors of a school district from issuing bonds which had been voted at a special election. The trial court refused to grant the injunction, and plaintiffs appeal.
Appellants attack the legality of the election at which the ... | [
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The opinion of the court was delivered by
Allen, J.:
On May 12, 1922, the Bank Savings Life Insurance Company issued to Oscar Dahlstrom a policy insuring his life. Hanna Dahlstrom was named as beneficiary. The policy provided for annual premiums of $86.94, and provided that insurer would pay the beneficiary $2,000 upon... | [
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The opinion of the court was delivered, by
Harvey, J.:
This action was a contest between rival claimants for the proceeds of two beneficiary certificates issued by the Brotherhood of Railroad Trainmen, hereinafter called the Brotherhood, upon .the life of Henry Garbacz. The appellant, Marie Garbacz, claimed the proceed... | [
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The opinion of the court was delivered by
Harvey, J.:
This is an appeal from an order sustaining defendants’ demurrer to plaintiff’s petition. By the allegations of the petition plaintiff formerly owned a certain 281-acre tract of land in Elk county. In November, 1932, he sold the land to Della May and Ralph E. Hurst a... | [
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The opinion of the court was delivered by
Dawson, C. J.:
Plaintiff brought this action for damages for alleged injuries sustained while riding on a stock shipper’s pass on defendant’s freight train.
Defendant’s demurrer to plaintiff’s petition was sustained on the ground that it did not state a cause of action. Plainti... | [
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The opinion of the court was delivered by
Thiele, J.:
The sole question presented by this appeal is whether the evidence at the trial warranted a finding that the Texokana Oil Company, hereafter referred to as the appellant, was a member of a mining partnership and as such liable to judgment.
The plaintiff filed his pe... | [
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The opinion of the court was delivered by
Wedell, J.:
This was originally an action for divorce and alimony. Defendant’s appeal, however, is from a subsequent order which revived plaintiff’s, the wife’s, judgment in favor of the administrator of her estate, the National Bank of Topeka.
Defendant’s complaint does not in... | [
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The opinion of the court was delivered by
Harvey, J.:
This was an action for damages to plaintiff’s car and for personal injuries sustained by him in an automobile collision alleged to have resulted from defendant’s negligence. Defendant’s general demurrer to plaintiff’s petition was overruled. He has appealed from tha... | [
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The opinion of the court was delivered by
Hoch, J.:
This is an original proceeding in mandamus to compel the county superintendent of public instruction of Lincoln county to approve the payment of tuition of certain applicants who desire to attend high school in adjoining counties. An alternative writ was issued. The d... | [
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The opinion of the court was delivered by
Dawson, C. J.:
Richmond A. Cox and Theodore Cox, father and son, filed these actions for damages against defendants for injuries sustained in a collision of motor vehicles on a public highway.
On the evening of October 29, 1935, after nightfall, plaintiffs were riding as guests... | [
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The opinion of the court was delivered by
Hoch, J.:
This was an action to foreclose a real-estate mortgage. The defendant, who had bought the property subject to the mortgage, had made all the payments specifically provided for by the mortgage. The plaintiff refused to release the lien on the ground that the provisions... | [
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The opinion of the court was delivered by
Fatzer, J.:
This appeal involves proceedings in the nature of an action to quiet title to certain personal property, a building and equipment, located on leased premises on the Union Pacific Railroad right of way. The action collaterally attacks a sheriff’s sale of the property... | [
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The opinion of the court was delivered by
Hatcher, C.:
This is an appeal from judgments of the district court of Shawnee County in proceedings under K. S. A. 1965 (now 1967) Supp. 38-808 (b) finding that the appellants, then under 18 years of age, were not fit and proper subjects to be dealt with under the Kansas Juven... | [
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The opinion of the court was delivered by
Harman, C.:
This is a direct criminal appeal from sentences imposed upon guilty pleas.
On August 2, 1968, in case No. CR 5076 in the district court of Sedgwick county, Kansas, appellant Michael E. Kelly, while represented by experienced retained counsel, pleaded guilty to two o... | [
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The opinion of the court was delivered by
Fontron, J.:
This is an action to recover the balance allegedly due for transporting twenty-nine shipments of dressed beef from Dodge City, Kansas, to various out-of-state destinations. Judgment was rendered in favor of the plaintiff, and the defendant has appealed.
There is li... | [
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The opinion of the court was delivered by
Kaul, J.:
This case involves the construction of a provision for “Non-occupational Vehicle Accident Death Benefit” in a policy of life insurance issued by the appellant on the life of Jerry L. Clark, son of the appellees.
The facts are not in dispute.
On May 26, 1965, appellant... | [
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The opinion of the court was delivered by
PIarman, C.:
This is an action to set aside a gift of a $25,000 savings account. Essentially the contest is between the donor’s widow and his sister.
Trial to the court resulted in a judgment for the donee defendant, from which plaintiff has appealed.
Plaintiff Geraldine Herman... | [
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The opinion of the court was delivered by
Schroeder, J.:
This is an action for permanent damage to plaintiffs’ property caused by a change of grade at Kansas Avenue, between Crane and First Streets in the City of Topeka, by the construction of an approach to the new bridge across the Kansas River at Kansas Avenue. The ... | [
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The opinion of the court was delivered by
Harman, C.:
At issue here is distribution of a workmens compensation award between the dependents of a deceased workman. The contestants are the widow and a minor child born of a previous marriage.
The workman, Warren Emery Richardson, was accidentally killed November 28, 1967,... | [
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The opinion of the court was delivered by
Price, C. J.:
This is an action to recover for personal injuries and other damage sustained by plaintiff when the car driven by her struck a utility pole owned and installed by defendant company in the driveway entrance to a gasoline service station.
The jury made special findi... | [
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Per Curiam:
On November 17, 1969, Kenneth Franklin Metzger voluntarily surrendered his certificate admitting him to practice law in the courts of the State of Kansas, which is now on file with the clerk of this Court.
It is therefore ordered by the Court that the surrendered certificate be accepted and the clerk of thi... | [
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The opinion o£ the court was delivered by
Kaul, J.:
This is an appeal in a criminal action by the defendant-appellant who was convicted by a jury of first degree murder of his wife. He was sentenced to life imprisonment in the Kansas State Penitentiary.
The principal issue concerns the propriety of instructions dealing... | [
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The opinion of the court was delivered by
Hatcher, C.:
This controversy stems from bad debt deductions claimed by the taxpayers, L. A. Laybourn and his wife, but disallowed by the Kansas Director of Revenue.
Briefly summarized, the facts reveal that Laybourn incorporated a company known as the Hustler Corporation, Inc.... | [
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The opinion of the court was delivered by
Hatcher, C.:
This appeal covers two separate actions resulting from a collision between two automobiles. One action was by the driver of the automobile for damages as the result of personal injuries sustained. In the other action the owner of the automobile driven by the injure... | [
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The opinion of the court was delivered by
Harman, C.:
This is a proceeding for post conviction relief under K. S. A. 60-1507.
In March, 1949, appellant Fred Miller was found guilty by a jury of the offense of murder in the first degree. His motion for new trial was overruled and on March 26, 1949, he was sentenced to l... | [
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The opinion of the court was delivered by
Harman, C.:
The sole question in this will probate proceeding is whether a litigant acquiesced in a judgment entered by a probate court so as to preclude his appeal to district court.
The facts are not in dispute for our purposes here. In October, 1947, Harold K. Buehler marrie... | [
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The opinion of the court was delivered by
Schroeder, J.:
This is an appeal in -a criminal action from a conviction and sentence on two charges of second degree burglary and grand larceny in connection therewith contrary to K. S. A. 21-520 and 21-524.
The appellant specifies the trial court erred in (a) consolidating th... | [
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The opinion of the court was delivered by
Hatcher, C.:
This is an appeal from a verdict in an action for damages for personal injuries received when the automobile in which plaintiff was riding was struck in the rear by another automobile.
The plaintiff, LaVonne McLinn, and her husband, Duane Mc-Linn, brought the actio... | [
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The opinion of the court was delivered by
O’Connor, J.:
This action was instituted by a group of taxpayers (appellants) against Unified School District No. 346 and its board members (appellees) to challenge the validity of a special bond election held June 14, 1968. The taxpayers have appealed from the judgment of the ... | [
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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 in which the defendant was convicted upon his own plea of guilty and sentenced pursuant to K. S. A. 21-734.
The underlying issue presented is whether the appellant was in lawful custody on September 12... | [
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The opinion of the court was delivered by
O’Connor, J.:
The director of revenue has appealed from a judgment of the district court of Sedgwick county abating and setting aside an order of the Board of Tax Appeals sustaining an assessment against Cities Service Gas Company (hereinafter referred to as Gas Company) for ad... | [
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The opinion of the court was delivered by
O’Connor, J.:
In December 1957, the petitioner, William H. Jackson, was convicted by a jury of burglary in the second degree and sentenced to a term of not less than five nor more than ten years, and for his natural life under the habitual criminal act. No direct appeal was tak... | [
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The opinion of the court was delivered by
Kaul, J.:
This is an action brought by plaintiff-appellee (City of Wichita) for a declaratory judgment to judicially determine whether defendant-appellant (Kansas Gas and Electric Company) is legally entitled to reimbursement from the city for the expense of relocating a power ... | [
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The opinion of the court was delivered by
Harman, C.:
This is an action by a husband for medical expenses incurred and nursing service rendered because of injuries sustained by his wife in an automobile collision with defendant. Trial to the court upon stipulated issues resulted in a judgment for plaintiff from which d... | [
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In a letter received June 7, 2004, by the Clerk of the Appellate Courts, respondent Kimberley K. Kellogg, of Overland Park, an attorney admitted to the practice of law in the State of Kansas, voluntarily surrendered her license to practice law in Kansas, pursuant to Supreme Court Rule 217 (2003 Kan. Ct. R. Annot. 281).... | [
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The opinion was delivered by
LUCKERT, J.:
A jury convicted Nathenial Hurt of first-degree premeditated murder and aggravated assault arising out of the shooting death of his former girlfriend. The trial court sentenced Hurt to a hard 50 life sentence for the first-degree murder conviction. Hurt appeals his convictions ... | [
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Per Curiam:
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against respondent John C. King, of Plano, Texas, an attorney admitted to die practice of law in Kansas.
Disciplinary Panel’s Findings of Fact and Conclusions of Law
A disciplinary panel of the Kansas Board fo... | [
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The opinion of the court was delivered by
Gernon, J.:
David W. Trammell appeals his convictions for three counts of aggravated assault and one count each of aggravated robbery and theft. Trammell claims that the trial court improperly instructed the jury regarding eyewitness identifications and erroneously admitted the... | [
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Luckert, J.:
Shawn P. McCormick sued the City of Lawrence (City) and various police officers for violating the strip and body caviiy search statutes, K.S.A. 22-2521 and K.S.A. 22-2522, which are made actionable by K.S.A. 22-2523. The district court dismissed McCormick’s lawsuit, ruling that it was not filed within the ... | [
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The opinion of the court was delivered by
Gernon, J.:
This is an appeal by Robert J. Gaudina from a trial court ruling that he was not entitled to an evidentiary hearing on his claim of ineffective assistance of counsel as alleged in his K.S.A. 60-1507 motion. We transferred the case pursuant to K.S.A. 20-3018(c).
Gaud... | [
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The opinion of the court was delivered by
Allegrucci, J.:
Corwin Roy sued Candis L. Young and her law firm, Katz & Young, L.C. (collectively Young), alleging legal malpractice and violations of the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq. The district court granted summary judgment in favor of Young... | [
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The opinion of the court was delivered by
Allegrucci, J.:
Jamie Stevens was convicted by a jury of attempted manufacture of methamphetamine, possession of ephedrine or pseudoephedrine with the intent to use it to manufacture methamphetamine, and possession of drug paraphernalia with the intent to use it to manufacture ... | [
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The opinion of the court was delivered by
Harvey, J.:
This was an action for damages for personal injuries.
A jury trial resulted in a general verdict for defendant. Plaintiff has appealed and contends the trial court erred in overruling her motion for a new trial, in the giving of. certain instructions, and in the adm... | [
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The opinion of the court was delivered by
Smith, J.:
This was an appeal to the district court pursuant- to G. S. 1935, 66-118c, from an order of the corporation commission. Judgment was for the commission sustaining the order. The appellants in the court below appeal to this court.
The order from which the appeal was t... | [
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The opinion of the court was delivered by
Harvey, J.:
This is a workmen’s compensation case. The appeal is from an order of the district court approving a ruling of the compensation commissioner refusing to modify an award of compensation previously made.
The facts, so far as pertinent here, are not seriously controver... | [
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The opinion of the court was delivered by
Dawson, C. J.:
This is an appeal from a judgment overruling a demurrer to a petition to set aside a judgment.
A short chronicle of the pertinent facts is as follows: On May 7, 1928, William L. Black and Rose Black, his wife, borrowed $3,000 from N. A. Renner, and executed to hi... | [
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The opinion of the court was delivered by
Allen, J.:
This was an action in partition. A demurrer to plaintiff’s amended petition was sustained, and plaintiff appeals.
Plaintiff and defendants claim under the will of Charles M. Hicks, who died October 3,1920. The will provided:
“First: For services rendered me during my... | [
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123,
... |
The opinion of the court was delivered by
Hoch, J.:
This was an action in mandamus to compel a school board in a rural district to call a special meeting for the purpose of voting on the question of the adoption of a budget to maintain a high school. The district court granted the writ, and defendants appeal.
The quest... | [
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The opinion of the court was delivered by
Smith, J.:
This was an action whereby the plaintiff sought to be declared a mortgagee in possession. Judgment was for defendants. Plaintiff appeals.
The action was filed February 28, 1938. It was based upon a note dated June 21, 1929, executed by the defendants to the plaintiff... | [
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The opinion of the court was delivered by
Dawson, C. J.:
This action originated as a proceeding under the workmen’s compensation act. On March 10, 1937, the respondent construction company was engaged in digging a sanitary sewer. The appellant, one of its workmen, was employed in operating its excavator. By some mishap... | [
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... |
The opinion of the court was delivered by
Dawson, C. J.:
The action arose out of a highway collision between defendants’ truck and an automobile in which plaintiff rode between her sister and a third person in the front seat. The details of the collision are fully narrated in the companion case brought by plaintiff’s s... | [
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... |
The opinion of the court was delivered by
Dawson, C. J.:
Leon Arthur Preston and Faye Vandaveer Preston, husband and wife, died of asphyxiation in their home in Osawatomie on December 6 or 7, 1936. They left no children or other descendants. Mrs. Preston died intestate. Mr. Preston left a will executed before his marri... | [
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1... |
The opinion of the court was delivered by
Smith, J.:
This is an action to cancel certain instruments conveying mineral rights and to quiet the title of plaintiff in these mineral rights. Judgment was for defendants. Plaintiff appeals. The facts are as follows:
1. March 6,1916, C. A. Johnson was the record title owner o... | [
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1,
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32,
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43,
... |
The opinion of the court was delivered by
Hoch, J.:
This was an action to recover under the provisions of the Kansas securities act (blue-sky law), which makes voidable at the option of the purchaser the sale of securities made in violation of the act. The appeal is from an order sustaining a motion for a directed verd... | [
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100,
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52,
... |
The opinion of the court was delivered by
Harvey, J.:
This was an action on a promissory note by the payee against the maker. The defense was a total failure of consideration. A trial by jury was waived. The trial court heard the evidence and specifically found there was no consideration for the note, and rendered judg... | [
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37,
41,
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-7,
-96,
48,
59,
... |
The opinion of the court was delivered by
Hoch, J.:
This was an action for judgment on a promissory note for $725 and for foreclosure of a mortgage on real estate given as security for the note. In his answer the defendant alleged absence of consideration for the note and mortgage and false representations in securing ... | [
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-79,
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83,
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-26,
-62,
-61,
20,
-114,
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9,
68,
-7,
64,
48,
... |
The opinion of the court was delivered by
Harvey, J.:
This was an action to enjoin the sheriff from selling certain personal property under alias personal-property tax warrants. The trial court held the alias tax warrants void and granted the injunction. The defendants have appealed.
The facts, either stipulated or not... | [
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The opinion of the court was delivered by
Harman, C.;
This is an action for reformation of a contract of sale of a beauty salon. Appeal is from the trial court’s order sustaining defendant’s motion for directed verdict made at the conclusion of plaintiffs’ evidence.
Plaintiffs Jean Keck Sipes and June Keck Rice commenc... | [
-112,
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98,
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104,
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72,
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59,
... |
The opinion of the court was delivered by
Harman, C.:
These are consolidated actions for damages for personal injuries sustained in a one car collision. Breach of implied warranty in repair work performed by defendant on the vehicle’s brakes was the basis for the suits.
Trial was to a jury. Judgment was entered upon a ... | [
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Per Curiam,-.
This is an original contested proceeding in discipline filed by the office of the Disciplinary Administrator against respondent Allen B. Angst, of Abilene, an attorney admitted to the practice of law in 1982.
The formal complaint alleged respondent violated Kansas Rules of Professional Conduct (KRPC) 8.4(... | [
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The opinion was delivered by
Luckert, J.:
A juiy convicted Kyle Cavaness of premeditated first-degree murder, conspiracy to commit premeditated first-degree murder, and aggravated kidnapping. The trial court sentenced die defendant to life on the murder conviction, a consecutive term of 123 months’ imprisonment on the ... | [
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66,
32,
59,
94,
... |
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