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The opinion of the court was delivered by Price, J.: This is an appeal from an order overruling a demurrer to an amended petition following a denial of a motion to make said amended petition more definite and certain by stating therein the true place of residence of the plaintiff. Plaintiff below (appellee) brought sui...
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The opinion of the court was delivered by Arn, J.: This action is one to set aside a release of defendant’s liability under a hail insurance policy which Merle Topinka, plaintiff, alleged he signed because of fraudulent and false representations made to him by the defendant’s adjusting agent in securing the release, an...
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The opinion of the court was delivered by Harvey, C. J.: This was an action'to determine the ownership of a sum of money in a savings account certificate in a building and loan association. The trial court heard the evidence and made findings of fact and conclusions of law and rendered judgment for plaintiff. The conte...
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The opinion of the court was delivered by Beier, J.; Movant Tuan Huynh entered a no contest plea to a first-degree felony murder charge in 1996 and received a life sentence. He appeals the district court’s September 2001 rejection of his motion to withdraw his plea. The defendant fired a gun multiple times into a group...
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The opinion of the court was delivered by McFarland, C.J.: Defendant appeals from his conviction of reckless driving (K.S.A. 8-1566[a]). He contends the evidence is insufficient to support the conviction. The Court of Appeals affirmed the conviction (State v. Remmers, No. 89,721, unpublished opinion filed January 9, 20...
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The opinion was delivered by Luckert, J.: Monice Nena Ramirez was arrested in a bar known for drug activity after a law enforcement officer, who had known her for 8 years and knew her to have used drugs in the past, observed that she was holding a piece of a tom plastic baggie in her hand, was under the influence, and ...
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The opinion of the court was delivered by Hoch, J.: This was an action under the workmen’s compensation act. The compensation commissioner found for the .plaintiff. On appeal the district court found in part for the claimant and in paro for the respondent. The case is here on appeal by the respondent and cross-appeal b...
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The opinion of the court was delivered by Allen, J.: In this appeal two related cases are consolidated. ■ Richard P. Hardesty, Jr., brought an action for divorce against Frances V. Hardesty in the district court of Johnson .county. On January 28, 1938, a decree of divorce was granted plaintiff on the ground of extreme ...
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The opinion of the court was delivered by Smith, J.: This was an action to recover money. Judgment was for plaintiff. Defendant appeals. The petition alleged that about May 20, 1932, the defendant entered into a written contract with J. D. A'dam, wherein it was agreed that Adam would act as general agent for defendant ...
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The opinion of the court was delivered by Allen, J.: Two actions were brought by appellant to recover taxes paid for years 1934 and 1935 upon its toll bridge across the Missouri river at Atchison. In case No. 33,711 the action was to recover taxes which had been paid without protest, and the appeal is from a judgment s...
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The opinion of the court was delivered by Allen, J.: The action was for damages resulting from an automobile collision. From a judgment in favor of plaintiff defendant brings this appeal. The plaintiff, Sarah Bilsky, is a teacher in the public-school system of Kansas City, Mo. The defendant, Central Surety and Insuranc...
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The opinion of the court was delivered by Hoch, J.: This was an action for damages against the city of Wichita, the plaintiff alleging that she was injured in a fall caused by a defective step on a stairway leading from a city bridge. The city demurred to the plaintiff’s evidence and offered no evidence. The demurrer w...
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The opinion of the court was delivered by Allen, J.: This is an appeal from a judgment of the district court in a workmen’s compensation case. The appellant while working for the Rine Drilling Company suffered a compensable nonscheduled injury, and on January 7, 1937, was awarded fifty-two weeks temporary total disabil...
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The opinion of the court was delivered by Allen, J.: The Gridley rural high-school district No. 2, of Coffey county, brought this action against the board of county commissioners of Woodson county to recover tuition for certain pupils residing in Woodson county who attended the Gridley rural high school. The trial resu...
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The opinion of the court was delivered by Thiele, J.: This was an action to recover on a policy of life insurance. Plaintiff’s demurrer to defendant’s amended answer was sustained. Defendant elected to stand on its amended answer, and judgment was rendered against it. The defendant appeals, assigning as errors the ruli...
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The opinion of the court was delivered by Dawson, C. J.: This was an action to foreclose a mortgage on real property. Two defendants, as sole heirs of the mortgagors, invoked the statute of limitations. Their demurrer was overruled. Some uncontroverted testimony and a mass of correspondence was introduced, and the tria...
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The opinion of the court was delivered by Smith, J.: This is a workmen’s compensation case. Judgment was for claimant. Defendant appeals. The first question to be settled is the jurisdiction of the commission to set aside an'award. Therefore, the facts bearing on that matter, which are not disputed, will be stated firs...
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The opinion of the court was delivered by Hoch, J.: This was an action for damages for injuries sustained by an eight-year-old boy when he was hit by a truck. Plaintiff prevailed and the defendants appeal. The accident took place on the afternoon of January 23, 1937, on Second street between St. Francis and Emporia ave...
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The opinion of the court was delivered by Harvey, J.: The Morton Salt Company, having paid income taxes for the years 1933 to 1936, inclusive, filed with the state tax commission a claim, and an amended claim, for a refund of parts of the taxes paid. These claims were heard by the tax commission and denied. The taxpaye...
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The opinion of the court was delivered by Wedell, J.: This action, in two counts, was instituted against the administrator of the estate of John Sheridan, deceased. In the first count damages were sought in the sum of $31,500, for the breach of a purported written contract between the plaintiff and John Sheridan, decea...
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The opinion of the court was delivered by Luckert, J.: This is a Medicaid eligibility case in which the Kansas Department of Social and Rehabilitation Services (SRS) denied the application for benefits filed by Joan Seiker Wilson for her aunt, Regina Brewer (petitioner/appellee). SRS found that Brewer had nonexempt ava...
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The opinion of the court was delivered by Nuss, J.: Petitioners, who are inmates at Lansing Correctional Facility (LCF), challenge the constitutionality of two of respondents’ regulations. The first, K.A.R. 44-12-601(q)(l), requires that all inmate purchases of books, newspapers, and periodicals be made through their i...
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The opinion of the court was delivered by Hoch, J.: This was an action to cancel a deed on the ground that it was executed under duress. Plaintiff prevailed, and defendants appeal. The principal question presented is whether under the facts disclosed by the evidence it must be said as a matter of law that duress was no...
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The opinion of the court was delivered by Thiele, J.: This was an action to quiet title. Defendants appeal from an order overruling their demurrer to plaintiff’s petition. The petition alleged that prior to July 12, 1922, John T. Kerfoot owned the involved real estate, and on the above date he and his wife conveyed the...
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The opinion of the court was delivered by Thiele, J.: Connie Busch appeals from a judgment abating and permanently enjoining certain described real estate as a place where a nuisance was maintained in violation of the intoxicating liquor laws of the state, and from a judgment for costs in connection therewith. The real...
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Per curiam: Plaintiffs have invoked our original jurisdiction in mandamus to compel defendants to extend to plaintiffs as duly licensed osteopathic physicians the right to use the county hospital for the purpose of treating their patients. To the alternative writ allowed, defendants have filed a motion to quash, on 'va...
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The opinion of the court was delivered by Wedell, J.: This action was instituted by a broker to recover a fixed commission alleged to be due and owing to him under the express terms of a written agreement, for having negotiated a lease for the defendants with Sears, Roebuck and Company. Judgment went for plaintiff, and...
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The opinion of the court was delivered by Harman, C.: This is a mandamus action brought on relation of the attorney general of Kansas arising out of the refusal of the board of commissioners of the city of Coffeyville to adopt or, in the alternative, to submit to the electorate by way of referendum, an ordinance propos...
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The opinion of the court was delivered by Fontron, J.: In 1964, the petitioner, Vincent Lee, was convicted of three charges of first degree robbery. He appealed to this court, where the convictions were upheld. (State v. Lee, 197 Kan. 463, 419 P. 2d 927.) Subsequently, Mr. Lee filed this action under K. S. A. 60-1507 c...
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The opinion of the court was delivered by Fontron, J.: This case now makes its second appearance before the court. On February 13, 1967, the defendant, Thomas M. Kidwell, was convicted by a jury of first degree murder in the death of his wife. The judge who presided at that trial set the conviction aside and granted a ...
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In a letter dated July 6, 2004, to the Clerk of the Appellate Courts, respondent, Lee Russell Stanford, Jr., of Salina, Kansas, an attorney admitted to the practice of law in the State of Kansas, voluntarily surrendered his license to practice in Kansas, pursuant to Supreme Court Rule 217 (2003 Kan. Ct. R. Annot. 281)....
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The opinion of the court was delivered by Wedell, J.: This was a proceeding in mandamus to compel the members of the board of managers for the Kansas soldiers’ home at Fort Dodge to admit to that institution the wife of the plaintiff, the latter being a Spanish American War veteran, who was already an inmate of that in...
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The opinion of the court was delivered by Hoch, J.: This was an action by the beneficiary named in a life insurance policy to recover under the policy upon the death of the insured. A demurrer to the petition was sustained, and the plaintiff appeals. The question presented is whether in spite of default in payment of p...
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The opinion of the court was delivered by Allen, J.: This action was on two insurance policies issued by the Prudential .Insurance Company of America on the life of William Needham. One policy for $280 was issued May 26, 1928, and one for $140 was issued August 12,1929. William Needham, the insured, died intestate Janu...
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The opinion of the court was delivered by Ti-iiele, J.: This was an action to contest a will. For grounds of contest it was alleged in the petition; (1) that the testatrix lacked testamentary capacity, (2) that the will was procured by undue influence, and (3) that the will was written or prepared by one who was the pr...
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The opinion of the court was delivered by Harvey, J.: An income taxpayer appealed to the district court from an order of the state tax commission denying certain deductions claimed by the taxpayer. After a hearing, at which many of the facts were stipulated, the district court rendered judgment for the tax commission. ...
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The opinion of the court was delivered by Harvey, J.: Appellant was tried and found guilty of the sale of chattel-mortgaged property of the value of more than $20 with the felonious intent to cheat and defraud the mortgagee. Because of his previous conviction of a felony he was sentenced to the penitentiary for a term ...
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The opinion of the court was delivered by Wedbll, J.: This is an appeal by three plaintiffs from judgments rendered in favor of defendants in three separate actions to cancel certain mineral deeds and to quiet title to plaintiffs’ respective tracts of land. The cases were tried as a single action. The evidence was subs...
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The opinion of the court was delivered by .Hoci-i, J.: This was an action to foreclose a lien on real estate. Plaintiffs prevailed, and defendant appeals. The question presented is whether the defendant was bound by judgments previously entered in a partition suit which involved a certain antenuptial agreement. John H....
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The opinion of the court was delivered by Hoch, J.: This action was brought under the declaratory judgment statute (G. S. 1935, 60-3127 to 60-3132) in the district court ■of Sedgwick county to determine whether the county commissioners of that county had a right to enter into a contract with a private individual, for a...
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The opinion of the court was delivered by Wedell, J.: This was an action by a widow to recover damages for the alleged wrongful death of her husband resulting from a collision of an automobile, driven by the deceased, with the rear end of a slowly moving truck. Judgment went for plaintiff, and the de fendants, Harry Sa...
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OPINION DENYING A REHEARING The opinion of the court was delivered by Dawson, C. J.: In a motion for a rehearing counsel for appellees complain because our opinion ignored their contention “that no claim for compensation, written or oral, registered or unregistered, was made either within ninety days after the accident...
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The opinion of the court was delivered by Hoch, J.: Plaintiff brought an action for damages against several defendants alleging false representations in the sale of refrigerating equipment. Judgment was secured against one only of the defendants, the S. A. Long Company, and from that judgment the appeal here was taken....
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The opinion of the court was delivered by Wedell, J.: This was originally an action to foreclose a mechanic’s lien on real estate under the provisions of G. S. 1935, 60-1401. It expanded into a contest involving ,the priorities of various liens. The plaintiff, Finnegan, was denied a lien, and while he appears on the re...
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The opinion of the court was delivered by Dawson, C. J.: This was an action for damages for injuries sustained by plaintiff when she fell on a defective sidewalk in Kansas City. Impleaded with the city were one Reddick, a plumber, and the Maryland Casualty Company, a corporation engaged in writing casualty insurance. T...
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The opinion of the court was delivered by Harvey, J.: This was an action on a “statement of indebtedness.” The trial court sustained a demurrer to the petition. Plaintiffs have appealed. The question presented is whether the three-year or the five-year statute of limitations applies. We are told the specific question p...
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OPINION ON REHEARING The opinion of the court was delivered by Smith, J.: This was an action to partition real estate. The trial court granted the prayer of an intervening petition, reformed a conveyance and held the intervenor to be the owner of certain real estate. This appeal is here on a rehearing. (For original op...
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The opinion of the court was delivered by Harvey, J.: This appeal involves the question of the authority of the state tax commission to make an assessment of income taxes on November 20,1937, of income for the year 1933. The S. H. Kress and Company, hereinafter called the taxpayer, is a Colorado corporation authorized ...
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The opinion of the court was delivered by Thiele, J.: Plaintiff brought an action to recover damages sustained by reason of an alleged defect in a bridge on a state highway. The trial court sustained a demurrer to his evidence, and he appeals. As far as it is now necessary to notice, plaintiff’s petition alleged that a...
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The opinion of the court was delivered by Thiele, J.: This is an appeal from .a ruling sustaining a demurrer to evidence. On May 13, 1938, Louis Hammond filed in the probate court a claim against the estate of his deceased father for sixty months’ labor at $50 per month, from November, 1924, to. November, 1929, amounti...
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The opinion of the court was delivered by Hoch, J.: This was an action to recover for services rendered under an oral contract. Plaintiff prevailed, and defendant appeals. Three principal contentions are made by appellant: That the claim was barred by the statute of limitations, that the contract was unenforceable unde...
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The opinion of the court was delivered by Harvey, J.: This was an action for the specific performance of a contract for the sale of a hotel property in Independence. Upon plaintiff’s application, and after a hearing, the court appointed a receiver for the property pending the action. Also, the court overruled defendant...
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The opinion of the court was delivered by Dawson, C. J.: This appeal presents the question whether a railway company may deduct from its net annual income so much thereof as it earned carrying the United States mails in computing its annual income tax. For the years 1935 and 1936 the railway deducted from its Kansas al...
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The opinion of the court was delivered by Thiele, J.: This is an appeal from an award under the workmen’s compensation act. The examiner found that the claimant was suffering from a temporary total disability arising out of his employment, and an award in his favor was made. This award was affirmed by the commission, a...
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The opinion of the court was delivered by Harvey, J.: This is an original proceeding in mandamus. The motion for the writ alleges that the Kansas City Life Insurance Company, hereinafter called the plaintiff, is a corporation organized under the laws of Missouri, is engaged in the life insurance business, and is author...
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The opinion of the court was delivered by Allegrucci, Luckert, Gernon, and Beier, JJ.: This is an appeal by the defendant, Michael L. Marsh II, from convictions of capital murder of Many Elizabeth Pusch (M.P.), first-degree premeditated murder of Marry Ane Pusch (Marry), aggravated arson, and aggravated burglary. Marsh...
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The opinion of the court was delivered by Smith, J.: This was an action by parents to recover for the death of their son, who was killed in a collision between the car he was driving and the defendants’ truck. Judgment was for plaintiffs. Defendants appeal. The plaintiffs are the father and mother of Stanley Thomas. He...
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The opinion of the court was delivered by Harvey, J.: Appellant was charged under G. S. 1935, 21-584, with willfully setting fire to and burning insured property with the intent to injure and defraud the insurer. Upon a trial he was found guilty and sentenced. He has appealed and contends the trial court erred: (1) In ...
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The opinion of the court was delivered by Allen, J.: On March 8,1937, the defendant, Cecil Frame, pleaded guilty to the charge of being an accessory after the fact of the commission of a felony. Upon application a parole was granted and sentence was deferred. Thereafter defendant reported to the court at each regular t...
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The opinion of the court was delivered by Thiele, J.: The plaintiff, an employee of the defendant city, brought an action to recover damages for injuries sustained during the course of his employment. The trial court sustained a demurrer to his evidence and rendered judgment for defendant, and the plaintiff appeals. Th...
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The opinion of the court was delivered by Smith, J.: This was an action to recover damages for personal injuries. The case was submitted to a jury, which was discharged because it was unable to agree. The defendants appeal from an order overruling their demurrer to the evidence of plaintiff. The plaintiff in his petiti...
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The opinion of the court was delivered by Thiele, J.: This was an action by an administrator to recover property alleged to belong tó his decedent. At the trial plaintiff moved for judgment on the pleadings and opening statements. The motion was allowed and a judgment rendered from which defendant appeals. Briefly stat...
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The opinion of the court was delivered by Wedell, J.: This is an appeal from a conviction of simple assault. Defendant had been previously tried and convicted of manslaughter in the second degree. This court reversed that judgment for trial errors and remanded the case for retrial. (State v. Linville, 148 Kan. 142, 79 ...
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The opinion of the court was delivered by Dawson, C. J.: This is an appeal from a judgment of the district court of Crawford county denying an injunction to restrain the plaintiff from prosecuting an action in Missouri founded on the same cause of action as one which the Crawford county district court had already taken...
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The opinion of the court was delivered by Hoch, J.:- This was an action to foreclose mechanics’ liens on real property. Judgment was for the defendants, and plaintiff appeals. The story told in briefs and oral arguments covers a good deal of ground and is somewhat involved. But it all boils down to simple enough questi...
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The opinion of the court was delivered by Dawson, C. J.: This was an action to recover a share of the proceeds of certain oil runs from an oil well in the city of Eureka. The background of the lawsuit was about as follows: In 1927 one Boyersmith and wife owned the east half of a city block (No. 15) in Eureka. Eastward ...
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The opinion of the court was delivered by Hoch, J.: This was a partition action in which the plaintiff claimed an undivided one-half interest in an eighty-acre tract, of land in Jackson county. The defendant, a sister of the plaintiff, claimed sole ownership on the ground of a voluntary division of properties theretofo...
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The opinion of the court was delivered by Allen, J.: This action was for damages for breach of three agistment contracts. From a judgment in favor of plaintiff defendant appeals. The contracts sued on were dated April 18, 1931. By the terms of the contracts defendant agreed to deliver to plaintiff at the several stocky...
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The opinion of the court was delivered by Harvey, J.: This was an action for damages for personal injuries alleged to have resulted from defendant’s negligence. The jury answered special questions and returned a general verdict for plain tiff for $3,750, on which judgment was rendered. Defendant has appealed. The facts...
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The opinion of the court was delivered by Allen, J.: This is an original proceeding in mandamus to compel defendants, the state commission of revenue and taxation, to hear and determine the applications of plaintiffs for authority to make emergency levies for general or maintenance expenses as required by law. The case...
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The opinion of the court was delivered by Smith, J.: This was an action on a life insurance policy. Judgment was for plaintiff. Defendant appeals. The petition alleged the existence and addresses of the parties; that defendant issued the policy in the amount of $1,000 on the life of deceased on February 3, 1937; that p...
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The opinion of the court was delivered by Allen, J.: The action is one in replevin for the return of certain machinery and equipment sold under the terms of an order and conditional sales contract dated November 3, 1934. The machinery was described in the contract: “Three (3) Hoffman Amico stretchers 54 x 180 less unit...
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Swinehart, J.: This is an appeal from an order construing the residuary clause of the last will and testament of Dr. John S. Coleman, who died August 3, 1975. The case originated in the probate court of Sedgwick County. It was transferred to the district court pursuant to K.S.A. 1977 Supp. 59-2402a. At that hearing the...
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Foth, C.J.: This is an appeal from the dismissal as an abuse of the remedy of petitioner’s second motion under K.S.A. 60-1507 to vacate her conviction of first degree murder. Petitioner was convicted in 1974 and appealed. She abandoned her direct appeal following the institution of her first 1507 action, in which she a...
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Meyer, J.: Claimant’s husband suffered a fatal cardiovascular accident on August 25, 1976, while employed as police chief by the city of Hugoton, Kansas. The decedent had arrived at his home at about 3 o’clock in the afternoon after having worked an eight-hour shift. The temperature that afternoon was between 90 and 95...
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Abbott, J.: This case involves three questions, one of which defendant abandoned at oral argument. The two remaining issues are whether the trial court had jurisdiction over the person of defendant, George L. Stringer, and, if so, did the court err in excluding parol evidence concerning the capacity in which defendant ...
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Abbott, J.; This is an appeal from a conviction of the offense of giving a worthless check in violation of K.S.A. 21-3707. Although defendant raises a number of issues, when analyzed they condense into three: Whether the notice was properly “deposited as restricted matter in United States mail” as required by K.S.A. 21...
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Parks, J.: Appellant, Sara Albertson, seeks to intervene in a personal injury suit brought by her husband, Glyn Dean Albert-son, and to file a cross-claim against him for failure to assert a claim in her behalf for loss of consortium. Her motion was denied and she appeals from that order. Although the Albertsons are no...
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Error from Cowley district court.
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The opinion of the court was delivered by Pollock, J.: The sole ground of error relied on by counsel for the defendant for reversal of this decree is that no consideration was given or received by either party for the making of this stipulation, and that, on account of the delay of the trustee of the estate in complyin...
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The opinion of the court was delivered by Cunningham, J. : On the 13th day of April, 1896, a petition in due form for the location of a road in Chase county was presented to the county commissioners and they made the necessary order for publication of the required notice and appointed viewers as required by statute. Th...
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The opinion of the court was delivered by Johnston, J.: This was an action to recover upon a promissory note for $100, bearing interest at the rate of ten per cent, per annum from date, given by J. C. and Mary E. Cunningham to Maud L. Sherrill. It is one of a series of notes given in pursuance of an agreement, of which...
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The opinion of the court yvas delivered by Cunningham, J.: The defendant in error, as plaintiff, brought his action against the plaintiff in error in the court below, basing it upon the following contract : “This memorandum of agreement, made this 5th day ot March, 1802, between the Neosho Valley Investment Company, of...
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Error from Sumner district court.
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The opinion of the court was delivered by Johnston, J. : During the year 1897 John W. Skinner was the sheriff of Cowley county, and in actual possession of the office. In the latter part of that year the probate judge of Cowley county ordered that two girls be committed to the industrial school for girls, and instead o...
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Per Curiam: This was an action brought in justice’s •court by the Acme Harvester Company against E. Erne to recover on two promissory notes given in payment of a harvesting-machine. Defendant filed a •cross-demand, alleging the purchase of the header and the giving of the notes upon an express warranty, partly in writi...
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The opinion of the court was delivered by Pollock, J. : The defendant in error, owner of an improved lot in the city of Oswego, mortgaged it to .plaintiff in error, which mortgage was transferred to jthe Perkeoman Trust Company. Upon default in payment the trust company foreclosed the mortgage, the decree providing for...
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The opinion of the court was delivered by Pollock, J. : The Kansas Grain Company, a Missouri corporation, was, on June 2, 1898, indebted to plaintiff in error upon promissory notes aggregating, face value, $20,000. To secure payment of these notes, the grain company, upon said date, made plaintiff in error its first mo...
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Error from Sedgwick district court.
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Error from Lyon district court.
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The opinion of the court was delivered by CunninghaA, J.: This was an action by the defendant in error to recover damages from the railway cbmpany for personal injuries received in its employ. He was head brakeman on a freight-train which had just pulled into the yards at Arkansas City. The air-brakes were negligently ...
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The opinion of the court was delivered by Cunningham J.: Counsel for plaintiff in error urges several reasons why the judgment of the court below should be reversed, but they all substantially resolve themselves into two contentions. The first is that Mrs. Jackson should not be held on the note set out in the second ca...
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The opinion of the court was delivered by Smith, J. : This is a proceeding in error brought to review the action of the district court in refusing an application for a peremptory writ of mandamus. The application was made by the state, on the relation of the county attorney of Barton county, and against the Lake Koen N...
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Error from Cowley district court.
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Error from Coffey district court.
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Error from Jefferson district court.
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Error from Greenwood district court.
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Error from Kingman district court.
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Appeal from Allen district court.
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The opinion of the court was delivered by Gjreene, J. : At the January, 1898, term of the district court of Greenwood county, the plaintiffs in error were convicted and sentenced to the penitentiary for life for the murder of Joseph New. On February 25, 1898, they filed in said court their joint application for a writ ...
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