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The opinion of the court was delivered by
Mason, J.:
This is a controversy over the title to real estate. Plaintiff in error, Katherine Power, claims through one William D. Goodnow. Defendant in error Nellie Knickerbocker claims under a sheriff’s deed made in virtue of a judgment foreclosing a mortgage given by Goodnów... | [
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Per Curiam:
All the claims of error in this case are disposed of in the opinion in The State v. Forner, ante, p. 836, with which it was submitted.
The judgment is affirmed. | [
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The opinion of the court was delivered by
Johnston, C. J.:
The St. Louis Jewelry Company, a partnership, brought an action against J. W. Bennett to recover $196 for jewelry alleged to have been sold and delivered to him and for which he refused payment. In the petition the company set up what is claimed to be a written... | [
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Per Curiam:
D. E. Coulson sold to the Fredonia Gas Company an outfit of machinery and tools called •a “drilling rig.” Before full payment had been made persons acting under the authority of Coulson removed a number of articles which he claimed were not included in the sale. The company denied this claim and refused to ... | [
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The opinion of the court was delivered by
Greene, J.:
This was an action against D. B. Johnson and William Lackman .on a promissory note payable to the plaintiff and signed as follows: “The Kansas City & Olathe Electric Ry. Co., Wm. Lackman, President, D. B. Johnson, Secretary.” . A verdict was returned for defendants,... | [
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The opinion of the court was delivered by
Porter, J.:
The question involved is whether appellant was entitled to a trial by a jury of his plea in abatement, which alleged that he was a minor under the age of sixteen years and therefore only liable to be tried for a criminal offense by the juvenile court.
The original c... | [
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The opinion of the court was delivered by
Smith, J.:
This suit was brought on the relation of the county attorney to have a certain house adjudged a common nuisance and to enjoin the defendants from keeping and maintaining the same as such.
The petition alleged that the place was a common nuisance, (l) in that it was k... | [
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The opinion of the court was delivered by
Johnston, C. J.:
This was an action to recover the value of corn sold by tenants of Martha E. Swan to G. J. Maelzer, upon which she had a landlord’s lien. One of the tenants sold Maelzer corn of the value of $343.70, and the other sold him corn of the value of $253.57. These sa... | [
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Per Curiam:
When the record containing the mandate of this court reversing the judgment of the district court a second time for want of sufficient facts was brought to its attention by a motion for judgment a judicial question was presented which the court had jurisdiction to decide. It had the same jurisdiction to all... | [
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Per Curiam:
I. L. Kent, as administrator of the estate of Elizabeth C. Grimshaw, deceased, brought this action against Howard L. Grimshaw and wife to recover the sum of $1950, an alleged asset in their possession belonging to the estate. The answer denied any indebtedness due the estate, and alleged in substance that H... | [
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The opinion of the court was delivered by
Smith, J.:
This is an action against a city for money. Defendant’s motion to-quash the service of summons upon it was sustained. Plaintiff has appealed.
The praecipe requested the clerk to issue a summons for defendant, city of Mulberry, a municipal corporation, for service upo... | [
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The opinion of the court was delivered by
Price, J.:
This is an appeal from an order sustaining a demurrer to plaintiff’s amended petition.
The facts necessary for our consideration as disclosed by the pleadings are as follows:
Plaintiff’s amended petition, filed April 14, 1948, alleged that on or about the 21st of Jan... | [
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Per Curiam:
While the record is not in good form, and contains superfluous matter, it is not invalid.
The tax deed involved has been of record more than five years and is not open to attack for mere irregularities. The claim that the deed is void on its face because the consideration named is excessive is not good. It ... | [
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Per Curiam:
John G. Hardenburgh was prosecuted in the district court of Cloud county upon an informa-tion charging embezzlement. A jury was impaneled and the state’s evidence introduced. Then the defendant’s attorney filed what was called a demurrer to the evidence — in effect a motion for a peremptory instruction to a... | [
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The opinion of the court was delivered by
Smith, J.:
This is an original proceeding in mandamus. An alternative writ was allowed on the filing of the petition, and time was given the defendant to comply with the command or to show cause for not so doing. He elected to show cause, and filed an answer in which he admits ... | [
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The opinion of the court was delivered by
Greene, J.:
This was a suit to restrain the sheriff of Wyandotte county and James Mathers from executing or causing to be executed an order of ejectment removing James M. Fulton and his tenants from the possession of certain real estate in Kansas City, Kan. A temporary restrain... | [
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The opinion of the court was delivered by
Mason, J.:
Henry Blaes and his wife executed an oil-and-gas- lease on a quarter-section of land. Various assignments were made, in virtue of which the Federal Betterment Company succeeded to all rights of the lessee excepting what are called the oil rights on the north half of ... | [
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The opinion of the court was delivered by
Mason, J.:
Prior to a city election in Muscotah each of two local political organizations, known respectively as the People’s party and . the Citizens’ party, nominated a full ticket. A certificate of nomination was duly filed by the president and secretary of the convention of... | [
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The opinion of the court was delivered by
Graves, J.:
Twenty-five assignments of error have been presented. Those not relating to the measure of damages raise questions of fact which have been settled by the verdict and findings of the jury, and cannot be reviewed here.
The defendants insist that in any view of the cas... | [
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The opinion of the court was delivered by
Burch, J.:
The plaintiff sued the defendant for the price of a tent, and was defeated.
The defendant wrote to the plaintiff stating that it needed a tent about thirty-five by fifty feet in size in which to exhibit vehicles at a fair to begin on September 15, 1902, and to end on... | [
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The opinion -of the court was delivered by
Burch, J.:
The plaintiff, an employee of the defendant, a railroad company doing business in this state, recovered a judgment against the defendant for damages resulting from the loss of his right hand through the negligence of a coemployee. The defendant prosecutes error.
The... | [
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Per Curiam:
We have examined the errors claimed to have been made upon the trial of this case and have found nothing which requires a reversal of the judgment rendered or which calls for extended discussion. The evidence fully sustains the special findings and the general verdict, and the verdict compels the judgment. ... | [
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Per Curiam:
In this case the court made a general finding against the plaintiff. The case was tried upon conflicting oral testimony. The plaintiff himself made many statements inimical to a right to recover. Infer- enees may be drawn from Ms testimony as a whole inconsistent with such right, and the testimony on the pa... | [
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The opinion of the court was delivered by
Graves, J.:
The parties to this action are farmers, living, near each other, in Phillips county. Veneman was injured by a prairie fire and sued Johnson for damages sustained thereby.
It appears from the evidence that early in the forenoon of March 2, 1904,' Johnson set out a fi... | [
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The opinion of the court was delivered by
Graves, J.:
The only question presented in this case relates to the statute of limitations. The plaintiff claims that the note sued on represents the gross sum of $2100, due eleven years after March 1, 1891; that the provision therein for payment in annual instal-ments was desi... | [
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Per Curiam:
These cases present the same questions which were involved in the case of The State v. Thomas, 74 Kan. 360, 86 Pac. 499, and upon the authority of that case the judgments are affirmed. | [
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Per Curiam:
At the time the information was amended the county attorney had the right to amend it in form or substance as he desired.
The defendant having been lawfully arrested, and having given bond to abide the orders of the court and not to depart without leave, continued to be rightfully in custody. New process wa... | [
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The opinion of the court was delivered by
Mason, J.:
E. J. Healy & Co., live-stock ♦commission merchants of Wichita, wrote to the Citizens Bank of Braman, Oklahoma, as follows:
“Healy & Co.,
Live Stock Commission Merchants.
Market reports furnished.
Wichita, Kan., 12/2,1902.
Citizens Bank, Braman, O. T.:
Sirs — Your le... | [
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The opinion of the court was delivered by
Burch, J.:
Two principal questions are presented by the petition in error in this case, one relating to a variance between the pleading and the proof, and the other relating to the admissibility of testimony.
The plaintiff entered into negotiations with the defendant for an age... | [
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The opinion of the court was delivered by
Graves, J.:
This is a suit to recover judgment on three promissory notes and foreclose a real-estate mortgage given to secure their payment. The defendants in an unverified general denial admitted the execution of the notes and mortgage, but by way of further answer and cross-p... | [
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The opinion of the court was delivered by
Smith, J.:
Numerous assignments of error were made on the motion for a new trial, which motion is copied in the plaintiff in error’s brief. There are, however, only two questions presented for our consideration.
The plaintiff called as a witness in his behalf two employees of t... | [
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The opinion of the court was delivered by
MASON, J.:
S. A. Stotler applied for a policy in the New York Life Insurance Company, and for the first premium gave his negotiable note, payable to Herman Fist, the company’s agent. The note did not show the purpose -for which it was given or disclose that Fist was acting othe... | [
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The opinion of the court was delivered by
Porter, J.:
The trial court sustained a general demurrer to plaintiff’s petition in a suit for the specific performance of a contract for the purchase and sale of real estate. Plaintiff stood upon the petition and brings error.
The only question is whether the petition states a... | [
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The opinion of the court was delivered by
Smith, J.:
The petitioner was charged by information in the district court of Labette county with the crime, we will assume, of burglary and larceny. The value of the property stolen was alleged to be three dollars.
Upon arraignment the journal entry shows that he pleaded guilt... | [
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The opinion of the court was delivered by
Smith, J.:
At the termination of a trial in a criminal action the appellant was by the verdict of a jury found guilty of the crime of manslaughter in the fourth degree. This verdict was returned in the district court of Finney county on the 23d day of November, 1904, and was ap... | [
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The opinion of the court was delivered by
Parker, J.:
This was an action to recover damages for a breach of contract.
The subject of the controversy is titled “Option Agreement” and reads:
“This agreement entered into this 15th day of August 1947, between C. R. Nigh of Yates Center, Kansas and Leon M. Wondra of Lincoln... | [
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The opinion of the court was delivered by
Harvey, C. J.:
This action started in the probate court of Pottawatomie county by Arthur Grobbe and his wife filing a claim in the estate of his mother, Louise Grobbe, deceased, in the sum of $10,-574.78 for food, clothing and care given the mother after the death of her husban... | [
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The opinion of the court was delivered by
Thiele, J.:
This was a proceeding in mandamus to compel a transfer of bank stock. An alternative writ was issued. The defendants filed their motion to quash that writ, and that motion being overruled, they have appealed to this court.
Insofar as it is necessary to note, the mot... | [
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The opinion of the court was delivered by
Thiele, J.:
This was an action for divorce and for the settlement of property rights, and from the judgment rendered the plaintiff appeals.
In her petition plaintiff alleged her marriage to defendant and that he had been guilty of gross neglect of duty and extreme cruelty. She ... | [
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The opinion of the court was delivered by
Parker, J.:
This is an action to recover damages for abuse of process. The appeal is from an order and judgment sustaining a demurrer to plaintiff’s second amended petition.
The indisputable factual situation from which this controversy springs, as disclosed by the involved ple... | [
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The opinion of the court was delivered by
Smith, J.:
This is a proceeding involving a final accounting of an executor. The dispute is between á son of the testator on one side and the guardian ad litem for four minor grandchildren of testator on the other. In the probate court two sons of testator appeared and claimed ... | [
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The opinion of the court was delivered by
Thiele, J.:
This was an action for damages for injuries sustained as the result of a collision of automobiles. The defendant’s demurrer to the petition was overruled and he appeals.
The action was commenced February 16, 1948. In his petition plaintiff alleged that U. S. Highway... | [
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Rees, J.:
This is an appeal from a conviction for aggravated battery (K.S.A. 21-3414). We affirm.
On January 13, 1977, defendant approached four young men in a Salina tavern and offered to sell them some marijuana. Among the four men were William Enright and Terry Main, the victim of the battery. Defendant’s offer was ... | [
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Swinehart, J.:
This is an appeal from an order denying a motion for summary judgment. The appellant is the administrator of an estate wherein appellee filed a claim in the nature of an action to enforce an oral contract between herself and the decedent to convey his real estate to appellee. The motion was decided on th... | [
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Swinehart, J.:
This is an appeal from an adjudication of delinquency on two counts: (1) assisting another in the commission of rape (K.S.A. 21-3502 and 21-3205), and (2) aggravated burglary (K.S.A. 21-3716).
The appellant Nichols alleges that the trial court erred by refusing to admit into evidence his testimony which ... | [
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Spencer, J.:
In an action commenced for liquidation of partnership assets and for an accounting, the trial court made findings of fact in relevant portion as follows:
“1. Plaintiff and Defendant were partners in the real estate business, and dissolved the partnership by mutual agreement on or about the 1st day of May, ... | [
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Rees, J.:
This is an appeal from the denial of a K.S.A. 60-1507 motion to vacate sentence.
A complaint charging petitioner with possession of a concealed weapon in violation of City Ordinance P.O. 83, § 57, a misdemeanor, was filed by the City of Overland Park in the Municipal Court of Overland Park, Kansas, on January... | [
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Foth, C.J.:
This is an interlocutory appeal by the State from an order suppressing evidence.
The evidence suppressed consisted of:
1. approximately 300 pounds of marijuana in sacks;
2. approximately 50 marijuana plants;
3. a box of pipes and other paraphernalia associated with the use of marijuana and hashish;
4. a has... | [
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REES, J.:
This is an appeal by defendants from convictions for conspiracy to commit bribery as defined by K.S.A. 21-3302 and K.S.A. 21-3901. We affirm.
The prosecution of these defendants arises out of the award by the State of Kansas in March, 1972, of an architectural contract for expansion of the Kansas University M... | [
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Spencer, J.;
Defendant was brought to trial on September 26, 1977, on an information charging him with twenty counts of forgery (K.S.A. 21-3710). During voir dire defense counsel told the jury that, in a civil case as opposed to a criminal case, “nobody is going to be put in jail, nobody is going to be deprived of his ... | [
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Rees, J.:
Defendant appeals from his convictions on four counts of conspiracy (K.S.A. 21-3302), six counts of forgery (K.S.A. 21-3710[fc]) and three counts of giving worthless checks (K.S.A. 21-3707).
Incorporated as part of the information were copies of nine checks which were the subject of the nine non-conspiracy co... | [
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Spencer, J.:
Defendant appeals from conviction by a jury of possession of marijuana (K.S.A. 1976 Supp. 65-4127b[a][3]).
On May 6, 1976, Topeka police officers executed a search warrant for marijuana at 3316 DuPont in Topeka. When the officers arrived, they found the defendant in the process of backing a van out of the ... | [
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Abbott, J.:
The defendants were tried jointly for the crime of indecent liberties with a child (K.S.A. 1975 Supp. 21-3503). Both defendants were found guilty by a jury. The defendant Anthony J. Holt was also charged with and acquitted of aggravated sodomy (K.S.A. 21-3506).
The defendant Holt contends the trial court er... | [
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Foth, J.:
This is an action by a railroad worker against his employer under the federal Safety Appliance Acts. A jury returned a general verdict for $150,000.00. The defendant appeals raising four points concerning the amount of the verdict, the manner in which it was reached, and the elements of damage submitted to th... | [
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Foth, C.J.:
Veryl L. Morris filed this petition under K.S.A. 60-1507 to vacate two consecutive sentences of fifteen years to life which had been imposed on his plea of guilty to two counts of aggravated sodomy. The trial court appointed counsel, held a hearing, and denied the motion. This appeal followed.
The record in... | [
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Swinehart, J.:
This is an appeal by prospective adoptive parents from a district court order denying their petition to adopt. The issues on appeal, both of first impression in Kansas, are whether the natural father of an illegitimate child has a paramount right over non-parents to custody of that child, and whether tha... | [
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Abbott, J.:
This is a direct appeal by defendant from a conviction for battery against a law enforcement officer, contrary to K.S.A. 21-3413. Defendant raises three issues on appeal, contending (1) that he did not make a knowing and intelligent waiver of counsel; (2) that he did not sufficiently understand the charges ... | [
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Foth, C.J.:
After her motion to dismiss was overruled appellant Delores White was convicted of soliciting for prostitution in violation of an ordinance of the City of Junction City. In an imaginative and well-written brief she contends that the ordinance unconstitutionally impinges on her right of privacy and is uncons... | [
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Abbott, J.:
This is a direct appeal from a conviction for possession of marijuana contrary to K.S.A. 1977 Supp. 65-4127b(a)(3). Defendant’s appeal is based on the trial court’s overruling of appellant’s motion to suppress evidence which defendant alleges was the fruit of an unreasonable search and seizure prohibited by... | [
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Foth, C.J.:
This is a proceeding under K.S.A. 60-1507 in which petitioner seeks to set aside his convictions in two separate cases because in each there was evidence that upon his arrest he refused to talk to the arresting officers. He relies on Doyle v. Ohio, 426 U.S. 610, 49 L.Ed.2d 91, 96 S.Ct. 2240 (1976), which ho... | [
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Parks, J.:
This appeal stems from a controversy over the submission of deficient drawings and specifications for the McKnight Fine Arts Center at Wichita State University.
By the terms of a Memorandum of Appointment executed on January 6, 1971, the defendant, Charles McAfee, as associate architect, was to prepare plans... | [
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Spencer, J.:
In a suit for damages for personal injuries, the jury returned its verdict in favor of defendant and plaintiff has appealed.
On September 28, 1971, plaintiff was selling and delivering newspapers to patients and employees in defendant hospital. Plaintiff was in the front lobby of the hospital with a bag of... | [
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Spencer, J.:
This is an appeal from an order of unrestricted wage garnishment entered in proceedings initiated by the Johnson County District Court Trustee per K.S.A. 23-496. At issue are: (1) Is there an appealable order? (2) Is wage garnishment for past due child support an exception to the restrictions set forth in ... | [
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Parks, J.:
Gerald and Susan Atwood, the parents of four-year-old Nicholas Wayne Atwood, are appealing a district court order wherein they were adjudged unfit parents and their parental rights permanently severed. Gerald and Susan were divorced prior to the district court hearing in this case and therefore appeal separa... | [
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Foth, C.J.:
This is an appeal by the city from an order of the district court dismissing a prosecution. The defendant was tried in municipal court and convicted of disorderly conduct and resisting an officer, in violation of city ordinances. He appealed to district court and there moved that the case be dismissed becau... | [
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Swinehart, J.:
The defendant appeals from a jury verdict awarding actual damages in the amount of $3,888.99 and punitive damages in the amount of $15,000 to the plaintiffs in an action arising out of the sale of cattle infected with brucellosis.
The plaintiffs are husband and wife. Mr. Kiser died soon after the conclus... | [
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Parks, J.:
Plaintiff, Vatlyn Carder, brought this action for property damages arising from a one-car accident which occurred on a township road maintained by Grandview Township in Ford County. This action was brought pursuant to K.S.A. 68-301 which imposes liability upon townships for damages caused by highway defects.... | [
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Parks, J.:
This is an action upon a guaranty agreement whereby defendant Ruth King promised to pay the plaintiff bank for loans made to and for the benefit of her husband, Ellis King.
Plaintiff, First National Bank of Anthony, Kansas, sued Ellis King on certain promissory notes in the Harper County district court (Case... | [
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Foth, J.:
The defendant, Walter Davis, was convicted of the theft by deception of $300 belonging to the Brown Chapel, AME Church, of Parsons. Two of his arguments on appeal have merit, including one which requires reversal.
His first argument is that the evidence did not support the verdict. In fact, there was a substa... | [
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Rees, J.:
This is an appeal by an insurer (“Ranger”) from a determination that it afforded coverage under an automobile liability insurance policy.
On February 2, 1975, a Chevrolet automobile was involved in an accident. Beverly J. Teter, a passenger, was injured. The driver was Jerry L. Corley. The car was owned by Je... | [
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Parks, J.:
This is an appeal from a jury verdict which found William D. Bircher (defendant-appellant) guilty of aggravated burglary (K.S.A. 21-3716) and aggravated battery (K.S.A. 21-3414) arising from an attack on Henry Huebner on January 25, 1976.
Sixteen-year-old Henry Huebner was asleep in his bedroom with stereo h... | [
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Rees, J.;
Defendant was convicted of illegal possession of heroin (K.S.A. 1977 Supp. 65-4127a). He appeals. We affirm.
On the night of December 22, 1976, two Topeka police detectives staked out an apartment complex. A confidential informant had reported that defendant planned to return to Topeka from Junction City at a... | [
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Swinehart, J.:
This case commenced in the Overland Park, Kansas, Municipal Court, where Sandy was convicted of possession of stolen property, marijuana, and num-chucks, an unlawful weapon. Sandy appealed the conviction to the district court. There he made a pretrial motion to suppress the physical evidence, which was s... | [
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Meyer, J.:
This is an appeal from a proceeding in which appellant was found guilty of indirect contempt for refusing to answer questions during a district attorney’s inquisition.
On June 8, 1977, appellant plead guilty to drug conspiracy charges and was sentenced. The prosecutor recited a plea agreement to the court. O... | [
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Abbott, J.:
This is a direct appeal from a jury verdict convicting defendant of unlawful possession of heroin. (K.S.A. 1977 Supp. 65-4127a.)
On September 3, 1976, at 9:50 p.m., Wichita police officers obtained a search warrant authorizing a search of the north half of a duplex at 2029 North Volutsia in Wichita. The app... | [
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Meyer, J.:
On January 1, 1973, Raymond Worrel contracted with Exhibitor’s Film Delivery and Service Co., Inc. (EFD) to furnish EFD with six trucks and drivers. Worrel was to obtain liability insurance naming EFD as a co-insured for the term of the contract. Worrel requested an American Family Mutual Insurance Company (... | [
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Foth, C.J.:
The defendant appeals from a conviction for bail jumping, i.e., aggravated failure to appear under K.S.A. 21-3814.
The primary issue is whether entrapment is a defense to a criminal charge where (1) the officers claimed to have done the entrapping were known by the defendant to be officers, and (2) they acc... | [
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Foth, C.J.:
This is an appeal by a creditor from the denial of its claim against a decedent’s estate because it was barred by the nonclaim statute, K.S.A. 59-2239. The issue raised is whether a creditor may constitutionally be barred when the only notice given of the appointment of a decedent’s personal representative ... | [
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Swinehart, J.:
This is an appeal from an order which allowed the plaintiff-appellee Carnation Company to levy execution on real property owned by intervenor-appellant Edward Detrixhe, based upon a judgment lien. The defendant in the original action, Midstates Marketers, Inc., is not a party to the appeal.
The facts are... | [
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Swinehart, J.:
This is an appeal by Wayne Gatewood, hereinafter referred to as the plaintiff, from the district court’s order dismissing his action in tort for failure to exhibit his demand against the estate of Floyd E. Bosch within the period of time established by K.S.A. 59-2239. Floyd E. Bosch and Kenneth W. McClin... | [
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Rees, J.:
This is an action for false arrest. A jury verdict in favor of plaintiff was returned in the amount of $25,000 for compensatory damages. The trial court reduced the award by $10,000 and entered judgment for $15,000. Both sides appeal.
1. Defendants first contend the trial court erred in failing to grant them ... | [
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MEYER, J.:
This is an appeal in an adoption proceeding which was instituted in the probate court of Leavenworth County, Kansas, on December 27, 1976, by the appellees, David and Marjorie Seamon, husband and wife. Appellees allege that the natural mother’s (Clara Foster Aslin, appellant) consent was unnecessary because ... | [
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Meyer, J.:
This is an action for conversion brought by a secured creditor, the North Central Kansas Production Credit Association (PCA), against Iowa Beef Processors, Inc. (IBP), the purchaser of livestock in which PCA had a perfected security interest, and the sellers of the livestock, Galen and Mary Boese. The trial ... | [
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Abbott, J.:
This is an appeal by L. Frank Dougan, the plaintiff landowner, in an action for damages to plaintiff’s property caused by flooding. The trial judge granted summary judgment in favor of the defendant, Rossville Drainage District, after finding plaintiff’s claim to be barred by the statute of limitations. (K.... | [
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Abbott, J.:
This is a direct appeal from a jury conviction of burglary (K.S.A. 21-3715) and attempted theft of property valued at more than fifty dollars (K.S.A. 21-3701 and K.S.A. 21-3301).
Defendant was jointly charged and tried with his brother, Danny West. James M. Sheeley was counsel for both Danny and Kenneth. Ke... | [
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Foth, C.J.:
Defendant was convicted by a jury of aggravated assault, committed with a pistol. It appears that defendant offered to shake hands with one Gary Blacksmith, a younger man who was seated at a table in a Horton tavern. When Blacksmith didn’t respond, defendant chided him for not standing to shake hands with h... | [
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Per Curiam:
Plaintiff appeals from the order of dismissal entered in this action by the District Court of Shawnee County. The sole issue on appeal is whether the district court’s dismissal was proper. Plaintiff’s allegations of wrongful conduct by various electors or by the contest board are not before us for determina... | [
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Meyer, J.:
The jury in this personal injury case entered a verdict for the plaintiff, James Scales (hereinafter referred to as “appellee”), finding appellee’s employer, International Multifoods, Inc. (hereinafter referred to as “Supersweet”), and defendant St. Louis-San Francisco Railway Company (hereinafter referred t... | [
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Parks, J.:
This is an appeal from a jury verdict which found William J. Brady guilty of two counts of perjury (K.S.A. 21-3805).
The facts may be summarized as follows: Defendant Brady drafted a will for Ruth Janet Hunter, who was a patient in an Atchison, Kansas, hospital. Miss Hunter signed the will which was witnesse... | [
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Swinehart, J.:
William Clyde Turner appeals from a jury conviction on a charge of unlawful possession of a firearm (K.S.A. 21-4204). The defendant raises three points of error: that the court abused its discretion (1) in denying his motion for a mistrial; (2) in admitting prosecution rebuttal testimony concerning evide... | [
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Rees, J.;
This is an appeal from a jury conviction of aggravated battery (K.S.A. 21-3414). The charge arose out of a stabbing during an argument over payment to the band following a dance at a private party. Defendant was a member of the band. He did not testify.
Defendant contends the trial court erred in refusing to ... | [
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Parks, J.:
Defendant William (Billy) Alan King appeals from a jury conviction of aggravated juvenile delinquency. K.S.A. 21-3611(l)(f).
In March, 1977, the defendant was committed to the Youth Center at Topeka, Kansas. At that institution he was treated for psychological problems by psychiatrist Dr. Roman Rodriguez, wh... | [
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Foth, C.J.:
The sole issue in this case is whether the grant of authority to prosecuting attorneys conducting inquisitions under K.S.A. 1977 Supp. 22-3101(2) to issue “subpoenas” includes the authority to issue subpoenas duces tecum. We hold that it does.
The action was precipitated by a subpoena issued by the district... | [
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Swinehart, J.:
This is an appeal of the trial court’s refusal to issue an injunction preventing the workmen’s compensation examiner or director from modifying a preliminary award under K.S.A. 1977 Supp. 44-534a.
The appeal to this court was submitted on the following agreed statement of facts as provided by Supreme Cou... | [
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Abbott, J.:
This is an appeal from a court order finding the natural father, John Hambelton, to be an unfit person to have the care and custody of his son, Eric Hambelton, and permanently depriving him of parental rights. The issues are the sufficiency of the evidence to support findings of dependency and neglect and o... | [
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Foth, C.J.:
This is an appeal by the defendant from an order granting plaintiff’s motion for a new trial. The action arises out of a 1973 automobile collision. Plaintiff prayed for $136,500.00 in damages, based on medical expenses, pain and suffering, and the loss of a year’s wages. The jury returned a verdict for $4,2... | [
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Parks, J.:
This is a suit brought by H. Lynn White, Inc. (hereafter referred to as plaintiff or White) against John T. Leftwich (defendant or Leftwich) for damages incurred from wrongful delivery of carpet valued at $1,867.42. The trial court, after hearing evidence, found in favor of defendant. Plaintiff appeals.
The ... | [
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Meyer, J.:
This case was brought by appellants for the wrongful death of their daughter in an automobile accident, against the Kansas State Highway Commission. Appellee’s motion to dismiss for failure to comply with a statutory notice requirement was sustained by the trial court.
Appellant states the sole issue is whet... | [
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Spencer, J.:
This is an action commenced by the plan committee and the corporate trustee of a qualified employee benefit plan, seeking court instructions for the distribution of trust funds upon termination of the plan incident to the dissolution of the corporate employer.
On March 27, 1961, Sam P. Wallingford, Inc., a... | [
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Rees, J.:
This is an interlocutory appeal by the State from an order suppressing certain evidence obtained by electronic eaves-' dropping.
On September 3, 1976, the then district attorney of Johnson County made an application to Judge Walton, a district judge of the Tenth Judicial District, for an order authorizing ele... | [
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