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The opinion of the court was delivered by
Dawson, C. J.:
This was an action to recover on an insurance policy issued by a mutual fire insurance company. Plaintiff prevailed, and defendant appealed.
The issues were developed by the pleadings, which included a copy of plaintiff’s application for insurance, the bylaws, an... | [
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The opinion of the court was delivered by
Hoch, J.:
This was an action to recover damages from the city of Manhattan for injuries to plaintiff’s property in the flood of 1935. The plaintiff alleged that by the creation of a city dump on the west bank of the Kansas river the main current was deflected from its natural c... | [
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The opinion of the court was delivered by
Dawson, C. J.:
This is an original proceeding in mandamus in which the state’s relator asks this court to direct the state superintendent of public instruction to take jurisdiction of an appeal from an order of the county superintendent of Chase county attaching certain adjacen... | [
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The opinion of the court was delivered by
Wedell, J.:
This is an appeal from an order of the district court overruling a motion to dismiss an appeal by one of two coadministrators of the estate of Walter T. Apple, deceased, from a finding of heirship and final order of settlement and distribution made by the probate co... | [
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The opinion of the court was delivered by
Gernon, J.:
Fireman’s Fund Insurance Company (Fireman’s) appeals the district court’s garnishment order requiring Fireman’s to pay a $600,000 judgment to South Central Kansas Health Insurance Group (South Central) on behalf of its insured, Harden & Company Insurance Services, I... | [
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The opinion was delivered by
Luckert, J.:
A jury convicted Sonji Daniels of aiding and abetting aggravated robbery, conspiracy to commit aggravated robbeiy, and endangering a child. In an unpublished opinion, the Court of Appeals affirmed her convictions. State v. Daniels, No. 87,790, unpublished opinion filed October ... | [
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The opinion of the court was delivered by
McFarland, C.J.:
This is an appeal challenging the district court’s authority under the Kansas Child Support Guidelines (Guidelines) to impute estimated child care expenses when imputing income to a custodial parent. In a published opinion by Judge Greene, a unanimous panel aff... | [
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The opinion of the court was delivered by
Nuss, J.:
Theodore V. Horn, II, was convicted by a juiy of first-degree premeditated murder for the death of his biological grandmother, Tina Weaver. Based upon the district court’s finding that the crime was heinous, atrocious, and cruel, he was given a hard 50 life sentence. ... | [
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The opinion of the court was delivered by
McFarland, C.J.:
The narrow single issue in this case is whether a defendant in a criminal case whose probation has been revoked by a district magistrate judge may appeal the revocation to the district court under authority of K.S.A. 2003 Supp. 22-3609a.
FACTS
The relevant fact... | [
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The opinion of the court was delivered by
Beier, J.:
This dispute over the wills of the parents in a blended family requires us to decide whether the district court erred in (1) admitting a scrivener attorney’s testimony about a contemporaneous oral agreement between the parents; (2) holding that the wills were contrac... | [
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Per Curiam.:
This is an original proceeding in discipline filed by the office of the Disciplinary Administrator against Glenn F. Anderson, II, an attorney licensed to practice law in the state of Kansas.
The hearing panel concluded that Anderson violated Kansas Rules of Professional Conduct (KRPC) 1.1 (2003 Kan. Ct. R.... | [
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The opinion of the court was delivered by
O’Connor, J.:
This is an action for personal injuries arising out of an automobile collision that occurred December 7, 1965, approximately three miles south of Herington on U. S. Highway 77. The defendant filed a motion for summary judgment, claiming the undisputed facts establ... | [
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The opinion of the court was delivered by
Fromme, J.:
The present appeal grows out of an action brought by a farm tenant, Math Kohn, to obtain an accounting and other relief from his landlord, Helen Rabb. The trial court found there was $409.77 due the tenant on the accounting and denied further relief. Roth parties ha... | [
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The opinion of the court was delivered by
Fromme, J.:
Two separate claims were consolidated and tried to a jury in the district court. Judgments were entered against the defendant on separate verdicts and the defendant appeals. The claims arose from a collision between a switch engine and a gasoline transport truck in ... | [
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The opinion of the court was delivered by
Fontron, J.:
The plaintiffs Herbert D. Bruce and Carol Bruce, his wife, bring this action to recover damages to a couch which was .entrusted to A&A Duraclean Service to be cleaned. The action was tried to the court which rendered judgment against the defendants E. C. Smith asd ... | [
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The opinion of the court was delivered by
Fatzer, J.:
This appeal is from an order overruling the appellant’s motion (K. S. A. 60-1507) to set aside a sentence imposed for conviction of escaping from jail. Having been convicted of two prior felonies, the appellant was sentenced to life imprisonment under the Habitual C... | [
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The opinion o£ the court was delivered by
Fontron, J.:
This is a workmens compensation case. The trial court entered an award in favor of the claimant, Darrel Kissick, and he has taken an appeal.
The facts are not in dispute. Those which are germane to the sole point in issue are as follows: On February 13,1969, the re... | [
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The opinion of the court was delivered by
Fatzer, J.:
This appeal arises out of an order of the district court of Douglas County, denying the City of Eudora s motion to vacate a judgment as to the defendant city, one of the 156 named defendants in a proceeding to quiet title to a tract of land and a block platted in th... | [
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The opinion of the court was delivered by
O’Connor, J.:
This is an interlocutory appeal (K. S. A. 60-2102 [b]) in a condemnation action instituted February 15, 1968, by the City of Manhattan to acquire five entire tracts of real estate for off-street parking purposes.
The tracts condemned were improved properties occup... | [
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The opinion of the court was delivered by
O’Connor, J.:
This was an injunction action directed against the violation of a restrictive covenant prohibiting trailer houses in an addition known as South Broadway Gardens, in Sedgwick county.
In 1952 the E.C.M. Corporation was the owner of Blocks 3, 4 and 5 in the said fift... | [
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The opinion of the court was delivered by
Fontbon, J.:
This appeal is concerned with two lawsuits: one is a claim by Mamie L. Dahn against the estate of her deceased husband, Louis P. Dahn; the other is an action filed in district court by W. W. Trailer Sales, Inc. against Mamie Dahn seeking to recover a deficiency rem... | [
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The opinion of the court was delivered by
Hatcher, C.:
This controversy steins from an appeal to the district court from the appraisers’ award in a highway condemnation proceeding.
Although several tracts were involved, we are interested in only two parcels designated as tract 6(1) and tracts 14 (a) and (b). A more det... | [
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The opinion of the court was delivered by
Hatcher, C.:
This is an appeal from a conviction on numerous felony charges.
The facts may be briefly narrated.
In the first part of August, 1967, the appellant, William Bowman, met with George Mott and Ronald Braswell in a park in Denver, Colorado. They discussed making some q... | [
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The opinion of the court was delivered by
O’Connor, J.:
Under the provisions of K. S. A. 7-111, et seq., the State Board of Law Examiners instituted this disbarment proceeding September 14, 1967, against Fred W. Phelps, a practicing attorney in Topeka.
The original accusation of disbarment contained seven counts of all... | [
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ORDER OF CENSURE
Whereas, In a proceeding conducted by the State Board of Law Examiners to inquire into complaints of alleged professional misconduct by Wesley M. Smith, and,
Whereas, Following a full hearing as to such complaints the State Board of Law Examiners found that said Wesley M. Smith was guilty of violating ... | [
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The opinion of the court was delivered by
Nuss, J.:
Anthony C. Groves appeals his convictions for aggravated robbery and aggravated batteiy. He contends: (1) The convictions are multiplicitous because the same act of violence provides the basis for each conviction; (2) the district court erred in failing to give the ju... | [
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The opinion of the court was delivered by
Hoch, J.:
Appellant filed a petition to set aside and vacate a judgment theretofore entered against him in an action for damages. Plaintiff’s demurrer to the petition was sustained, and defendant appeals.
The question presented is whether under the facts alleged the petitioner ... | [
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The opinion of the court was delivered by
Dawson, C. J.:
The question in this appeal is whether a district court having jurisdiction of an action to partition the real property of an intestate estate must yield jurisdiction of the property to the administrator claiming dominion over it by virtue of an order of the prob... | [
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The opinion of the court was delivered by
Smith, J.:
This case was begun on two causes of action: one to set aside a will on account' of lack of testamentary capacity, the other to enforce an oral contract to devise real estate. A demurrer of defendants to the. evidence in- the first cause was sustained and no appeal w... | [
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The opinion of the court was delivered by
Allen, J.:
This is an original proceeding in habeas corpus to obtain the custody of a minor child.
On January 10,1928, the circuit court of Henry county, Missouri, granted a decree of divorce in favor of the petitioner, Loren M. Kruse, against the respondent, Bertha E. Kruse. A... | [
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The opinion of the court was delivered by
Gernon, J.:
Heckert Construction Company, Inc., (Heckert) and SE-KAN Asphalt Services, Inc., (SE-KAN) challenge the sale of asphalt paving materials by the City of Fort Scott (City) to pri vate citizens and entities. Heckert and SE-KAN claim that the City is selling asphalt pav... | [
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The opinion of the court was delivered by
Davis, J.:
Melvin W. Holmes was convicted by jury of premeditated first-degree murder and criminal possession of a firearm. His hard 40 sentence and convictions were reversed by this court on the basis of prosecutorial misconduct, and his case was remanded for a new trial in St... | [
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The opinion of the court was delivered by
Davis, J.:
This is an appeal from a personal injuiy action brought against the defendants for injuries the plaintiff sustained during a 4th of July fireworks display at the defendants’ home. The plaintiff contends that the district court should have applied the doctrines of str... | [
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The opinion of the court was delivered by
Allegrucci, J.:
This workers compensation discharge case presents a matter of first impression for the court. A cause of action for retaliatory discharge for exercising rights under the Kansas Workers Compensation Act is well established where the defendant is an employer again... | [
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Per Curiam:
This is an original uncontested proceeding in discipline. The formal complaint charged respondent, Kathy A. Sto-ver, with violating KRPC 1.1 (2004 Kan. Ct. R. Annot. 342) (competence), KRPC 1.7 (2004 Kan. Ct. R. Annot. 391) (conflict of interest: general rule), KRPC 1.8 (2004 Kan. Ct. R. Annot. 396) (confli... | [
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The opinion of the court was delivered by
Beier, J.:
Defendant Dajuan Wilkerson appeals from his convictions and sentences for first-degree premeditated murder and attempted first-degree premeditated murder.
Wilkerson claims seven errors: (1) admission of evidence of a shootout that occurred 2 days before the charged c... | [
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The opinion of the court was delivered by
Allen, J.:
The defendant was prosecuted on an information charging burglary and grand larceny. He was found guilty of grand larceny, and appeals.
The information charged that the defendant Melvin O’Neal, together with Walter Kimzey and Buck Hughes, codefendants, on the 12th day... | [
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The opinion of the court was delivered by
Thiele, J.:
Plaintiff brought an action to recover damages from the state highway commission. The trial court sustained a demurrer to her petition and she appeals to this court.
The question presented is whether a particular highway was defective within the meaning of G. S. 193... | [
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The opinion of the court was delivered by
Wedell, J.:
This was an action by a beneficiary, widow of the insured, to recover on a life insurance policy. Judgment went for plaintiff, and the insurance company appeals.
The action was tried by the court, and it made findings of fact and conclusions of law. Defendant compla... | [
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The opinion of the court was delivered by
Dawson, C. J.:
Plaintiff’s husband, a motorbus mechanic, died by inhaling carbon monoxide fumes emitted from defendants’ interstate motorbus while he was lying beneath the bus and repairing it in defendants’ car shop in Wichita.
Instead of making a claim of compensation under t... | [
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The opinion of the court was delivered by
Greene, J.:
F. O. Rucker, while attempting to cross the Atchison, Topeka & Santa Fe Railway Company’s track at a public crossing in Butler county, between six and seven o’clock P. M., on December 17, 1904, was struck by a passenger-engine and killed. This action was brought by ... | [
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The opinion of the court was delivered by
Mason, J.:
D. G. Donovan sued Charles Hager for damages for breach of contract, alleging that the defendant, after having on July 19,1904, agreed to sell his entire wheat crop of that year to the plaintiff at the price of seventy-three cents per bushel, had refused to deliver i... | [
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The opinion of the court was delivered by
Greene, J.:
Keziah Bell Brewer recovered a judgment in the district court of Wyandotte county against the Loyal Mystic Legion of America, a foreign fraternal beneficiary association authorized to do business in Kansas, upon a benefit certificate issued by the association to Joh... | [
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The opinion of the court was delivered by
Graves, J.:
This is an action to recover damages sustained on account of a fire alleged to have been set out by the plaintiff in error. Judgment was given for the plaintiff in the district court of Miami county, and the railroad company brings the case here for review.
The plai... | [
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Per Curiam:
At a road crossing near the station of Agra, a small town in Phillips county, B. F. Wheel-barger was struck by an engine on the railroad of the Chicago, Rock Island & Pacific Railway Company, and was injured thereby. On September 9, 1905, he recovered in the district court of that county the sum of $1700 as... | [
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The opinion of the court was delivered by
Graves, J.:
This action was dismissed because it was commenced .in violation of section 1283 of the General Statutes of 1901, which prescribes certain duties to be performed by foreign corporations before they will be permitted to do business in the state. The statute contains ... | [
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The opinion of the court was delivered by
Porter, J.:
The first complaint we shall notice is of error in finding No. 25 made by the court. This finding in substance is that prior to purchasing the springs defendant had no knowledge or notice that the Loomis hotel property had any special right to the use of the waters ... | [
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The opinion of the court was delivered by
Price, J.:
This is an appeal from an order of the lower court with reference to the disposition of certain funds paid into court in garnishment proceedings and is the fourth appearance in this court of some phase or other of the litigation out of which the present appeal arises... | [
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The opinion of the court was delivered by
Smith, J.:
This is an original action in mandamus brought by a number of Negro pupils of School District No. 90 in Johnson county, and their parents as next friends, to compel the school board, the principal of South Park School in the district and the county superintendent of ... | [
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Per Curiam:
H. C. Hanna and four other property owners brought a suit against the cfiy of Paola to enjoin the collection of a special tax levied to pay for the construction of a sewer, and obtained a judgment granting them a permanent injunction, which the city seeks in this proceeding to reverse. Since the petition in... | [
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The opinion of the court was delivered by
Johnston, C. J.:
The appellant contends that he was prosecuted under section 133 of the crimes act (Gen. Stat. 1901, § 212,6), and that the information does not sufficiently charge the offense defined in that section. The act denounced in that section is not the uttering or pas... | [
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Per Curiam:
The real party in interest opposed to the plaintiff in these actions has not appeared here, and any decision of the questions involved would not be as to him res judicata.
So far as the county treasurer is concerned, the questions have been decided in Spencer v. Smith, 74 Kan. 142, 85 Pac. 573.
The plaintif... | [
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The opinion of the court was delivered by
Smith, J.:
Two principal questions are involved herein: (1) Was the instrument which was executed and acknowledged by Mrs. Smith in the form of a deed to Pearly from her, and which was recorded in the office of the register of deeds of the county wherein the land was situated, ... | [
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The opinion of the court was delivered by
Mason, J.:
A real-estate broker wrote to the owner of a tract of land saying that he had a customer for it and asking its price. Correspondence followed which for present purposes may be said to have resulted in a contract in writing for the sale of the land, valid in every res... | [
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The opinion of the court was delivered by
Graves, J.:
This is an action on a promissory note. It was commenced .before a justice of the peace in Harper county. No written pleading was filed by the defendant, and he did not appear at the,trial. Judgment was entered in favor of the plaintiff, and the defendant appealed t... | [
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The opinion of the court was delivered by
Smith, J.:
This proceeding was brought by the county attorney of Leavenworth county in the name of the board of county commissioners of that county against plaintiffs in error to have adjudged a lien for taxes upon certain lots in the city of Leavenworth and for a decree orderi... | [
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The opinion of the court was delivered by
Porter, J.:
This case involves the construction of chapter 526 of the Laws of 1905. The single question for decision is whether the district court erred in holding that the statute does not change or enlarge the issues upon an application for the probate of a will.
On July 13, ... | [
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The opinion of the court was delivered by
Smith, J.:
Two wills purporting to have been made by Caroline Ross in her lifetime were offered for probate in the probate court of Franklin county — one by each of the parties to this suit in this court. A joint hearing was had and evidence was offered by each proponent, and u... | [
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The opinion of the court was delivered by
Mason, J.:
Luther M. Summers recovered a judgment against the Metropolitan Street Railway Company for damages sustained in consequence of a streetcar running into a wagon in which he was crossing the track on Kansas avenue, in Kansas City, Kan., and the company prosecutes error... | [
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Per Curiam:
John L. Randolph sued J. R. Huekins and his wife, Annie, to recover a judgment for a balance alleged to be due him for furnishing the material and building a residence for the defendants, and to foreclose a mechanic’s lien therefor upon the premises. To the petition was attached a copy of the mechanic’s lie... | [
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The opinion of the court was delivered by
Graves, J.:
The defendant was convicted in the district court of Butler county of the illegal sale of intoxicating liquor, and he brings the case here on appeal. In his bill of exceptions several errors have been assigned, but as only two of them relate to the offense of which ... | [
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The opinion of the court was delivered by
Graves, J.:
A suit to quiet title to the real estate in controversy was commenced by Mary Greenwalt in the district court of Smith county against N. E. Keller and'wife. The defendants demurred to the petition, and the court sustained the demurrer. Judgment was entered for costs... | [
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The opinion of the court was delivered by
Burch, J.:
The plaintiffs sued.the defendant for damages resulting from the killing of their son, Reuben Hamlin, and recovered. The deceased was an employee of the defendant, and with thirty or forty others known as the “steel gang” was engaged in taking out the rails of the de... | [
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Per Curiam:
If the plaintiff’s amended petition were defective, in that it contained no offer to return, the defendant should have attacked it upon that ground. Instead of this he waived the right to be placed in statu quo, answered to the merits, and went to trial upon all the issues tendered. It still remained in the... | [
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The opinion of thé court was delivered by
Burch, J.:
The defendant is the owner of a" two-story brick building located at the southeast corner of Fifth avenue ánd Main street, in the city of Caldwell. On the north side of . the building is an outside iron' stairway, leading to the second story. In the sidewalk under th... | [
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Per Curiam:
The district court made an order temporarily enjoining appellant from keeping a place where intoxicating liquors were sold in violation of law. An accusation was afterward filed charging him with a violation of the order. He was convicted, and appeals.
The errors he complains of are based almost entirely up... | [
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The opinion of the court was delivered by
Price, J.:
This is an action by a minor six years of age by his mother as next friend to recover damages on account of the alleged negligence of employees of defendant city. The facts as narrated in the petition are as follows:
Plaintiff and his mother reside at 910 S. Eighteen... | [
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The opinion of the court was delivered by
Arn, J.:
This is an appeal from a judgment of the district court affirming a probate court judgment of July 13,1946, which admitted to probate the will of J. M. Osborn, deceased; decreed that a certain postnuptial release executed by decedent’s widow barred her from any interes... | [
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The opinion of the court was delivered by
Parker, J.:
This is an appeal from an order overruling a demurrer to an amended petition.
The pleading in question sets forth the facts on which appellee bases her right to relief. It is not lengthy and for that reason, except for formal averments including its prayer and immat... | [
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The opinion of the court was delivered by
Graves, J.:
This suit was commenced November 8, 1904, by H. J. Barnhouse, in the district court of Riley county, to determine the ownership of twenty-five shares of stock in the Manhattan Building and Savings Association. Judgment was entered for the plaintiff, and defendants b... | [
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The opinion of the court was delivered by
Porter, J.:
The board of county commissioners of Brown county, upon the petition of W. R. Chadwell, appointed viewers to establish a road between the northwest and southwest quarters of section 14, township 1, range 18, in Brown county. As laid out the road took a fraction over... | [
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Per Curiam:
This is an action of replevin, brought by E. J. Grubel against Henry Busche to recover possession of a horse. Defendant had judgment below, and plaintiff alleges error.
Busche made the defense that he purchased the horse in good faith from one Dysert, who represented himself to be the owner and had possessi... | [
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The opinion of the court was delivered by
Porter, J.:
These cases differ in but one respect from that of The State v. Taylor, ante, p. 417, with which they were submitted. An additional claim of error is based upon the failure of the state to have appellants arraigned.
The authorities differ upon the question whether i... | [
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The opinion of the court was delivered by
Johnston, C. J.:
Alexander Colliati was killed while acting as helper. for an engine hostler named Swan, an employee of the Atchison, Topeka & Santa Fe Railway Company, and this action was brought upon the theory that his death was the result of Swan’s negligence. The railway c... | [
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The opinion of the court was delivered by '
Porter, J.:
Can one who performs labor in drilling an oil- or gas-well on lands in which the owner of the well has no interest, except as holder of the ordinary oil-and-gas lease authorizing entry for the purpose of exploring for oil and gas, obtain a mechanic’s lien upon the... | [
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The opinion of the court was delivered by
Johnston, C. J.:
The question involved in this proceeding is the validity of the act creating the thirty-eighth judicial district. It purports to take Crawford county from the sixth judicial district and to make that county the new district. (Laws 1905, ch. 199.) After the pass... | [
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Per Curiam:
The question in this case is whether a tax deed is valid on its face. If so, the judgment of the district court was correct.
The point made against the deed that it does not show the land was bid off by the county treasurer for the county was decided adversely to the plaintiff in error in Penrose v. Cooper,... | [
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The opinion of the court was delivered by
Smith, J.:
Grant filed his petition in the court below claiming treble damages against the defendant, and set forth two causes of action. In the first, after alleging his ownership of the land and other pertinent facts, he alleged the digging and carrying away of gravel, mold, ... | [
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The opinion of the court was delivered by
Porter, J.:
Before considering the errors assigned some additional facts in the history of the case should be noted.
From the transcript of the proceedings in Illinois it appears that the petition there was filed on May 26, 1905. At that time the child, Edith, was fifteen month... | [
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The opinion of the court was delivered by
Johnston, C. J.:
H. W. Allen shipped two car-loads of cattle from Burns, Kan., to St. Joseph, Mo., over the Atchison, Topeka & Santa Fe railway, and accompanied the cattle on the train as a caretaker. When the train reached Emporia the cattle were unloaded and placed in the sto... | [
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The opinion of the court was delivered by
Graves, J.:
It appears quite clearly from the evidence that the plaintiff fully performed the conditions of the written contract on his part. It is admitted' by the defendant’s answer that an oral contract was made, as alleged, except that the request to hold the machinery at t... | [
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.The opinion of the court was delivered by
MASON, J.:
Martin Dolan executed an instrument purporting to be a warranty deed conveying property to Joseph Otney, but containing these words immedi ately following the granting clause, which was in the usual form:
“This deed is made with the understanding that the same is no... | [
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The opinion of the court was delivered by
Mason, J.:
In 1887 the Interstate Railroad Company acquired by condemnation a right of way across a farm owned by H. B. Stone. When the road was built a trestle bridge was put in over a low place, leaving an opening connecting the two* portions into which the tract was divided.... | [
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The opinion of the court was delivered by
Burch, J.:
The plaintiff is the assignee of an oil- and-gas lease of land in Neosho county. The county officials undertook to tax separately from the land it self whatever mineral rights the lease created. Upon non-payment of the tax the treasurer was about to enforce collectio... | [
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The opinion of the court was delivered by
Graves, J.:
It is claimed that the district court erred in overruling the demurrer to the petition, and also in finding for the plaintiffs upon the trial. The petition contained averments of fact-as to the conditions of the lease not in the written instrument, which would be ad... | [
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The opinion of the court was delivered by
Johnston, C. J.:
On the evening of November 13, 1904, I. Frogley delivered fifty-three head of cattle to the Missouri, Kansas & Texas Railway. Company, at Chetopa, Kan., for shipment to Kansas City. They should have been delivered in Kansas City on the next morning, for the mar... | [
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The opinion of the court was delivered by
Graves, J.:
This is a suit to recover property or the value thereof alleged to have been mortgaged in violation of the United States bankruptcy law. The defendants recovered judgment for costs, and the plaintiff brings the case here for review.
The mortgagor, J. H. Shirfey,-was... | [
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The opinion of the court was delivered by
Mason, J.:
J. P. Bauman & Sons, wholesale merchants, sued McManus Brothers upon an account for goods sold and delivered upon special order. A demurrer was sustained to the evidence of the plaintiffs and they prosecute error. The evidence tended to show that the defendants gave ... | [
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The opinion of the court was delivered by
Mason, J;:
In 1900 J. R. Young executed a deed for lands in Allen county, naming as grantee his daughter, Docia A. Northrup. It was placed in the hands of George A. Bowlus, a banker. In 1902 Young died intestate, leaving as his heirs, besides this daughter, his widow (Frances V... | [
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Per Curiam:
The defendant was arrested, tried, and convicted of the offense of disturbing the peace and quiet of the prosecuting witness, and appeals to this court.
The sufficiency of the complaint was put in issue by a motion to quash. It is conceded that the offense is charged in the language of the statute defining ... | [
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The opinion of the court was delivered by
Mason, J.:
In a suit brought to foreclose a real-estate mortgage Peter Robidoux, who had possession of the land under a tax deed, was made a defendant. His deed was set aside and he prosecutes error. He first complains of the refusal of the trial court to permit him to interpos... | [
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Per Curiam:
The court has carefully canvassed the record in this case and is of the opinion that the judgment of the district court ought not to be disturbed.
It is not necessary to pass upon the title to the land involved. The rights of the two tenants, as against each other, do not depend upon the legal rights of Hai... | [
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The opinion of the court was delivered by
Greene, J.:
The plaintiffs in this action sought to recover on a benefit certificate, issued January 2, 1897, by the Modern Woodmen of America to Thomas E. Kelly. ^The case was tried to the court and judgment rendered in favor of the plaintiffs. The defendant prosecutes this pr... | [
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The opinion of the court was delivered by
Johnston, C. J.:
The Puritan Manufacturing Company, a partnership, brought this action against A. Shook to recover $324, the price of a lot of jewelry alleged to have been purchased by Shook.
The petition contained a part of the written order for the jewelry signed by Shook, an... | [
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The opinion of the court was delivered by
Greene, J.:
The plaintiff brought this action to recover damages for injuries sustained by him by the overturning of his wagon, caused by its coming in contact with an obstruction in one of the public alleys in the city of Topeka. A demurrer was sustained to his petition, and t... | [
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The opinion of the court was delivered by
Graves, J.:
Where an officer takes personal property •from the owner by virtue of a writ issued in void legal proceedings, can such owner maintain replevin therefor against the officer? This is the sole question involved in this controversy.
The plaintiff, William A. Karr, was ... | [
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Per Curiam:
Appellant was convicted of an assault and battery upon W. H. MeCamish, and sentenced to be confined in the county jail for a term of nine months and to pay the costs of the prosecution. From this judgment he appeals.
None of the assignments of error requires extended comment. The matter referred to by the p... | [
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Per Curiam:
This is an appeal from a conviction in the district court upon the charge of maintaining a nuisance in violation of the prohibitory liquor law. The proceedings were commenced before a justice of the peace, where defendant was convicted, and he appealed to the district court.
In sending up the transcript the... | [
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The opinion of the court was delivered by
Thiele, J.:
This is an appeal from an order overruling a demurrer to evidence offered by the proponent in a proceeding to admit a will to probate, and from a judgment admitting the will to probate.
Under date of April 13, 1945, John W. Randall executed the will involved. Under ... | [
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The opinion of the court was delivered by
Arn, J.:
This is a workmen’s compensation case. An award was made by the compensation commissioner in favor of claimant and against the respondents and the insurance carrier for medical and hospital expense and for temporary total and permanent partial disability. On appeal to ... | [
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