showing claim (Kansas) · Go Syfert
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showing claim in Kansas

14 Kansas opinions name it 2 courts 1905–2024 1 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Linder v. Warnockgreen
kan · 1914 · cited in 2 Kansas opinions naming this issue, 1914–1945
2 sentences

1945Upon the showing of a claim with as much substantial merit as the evidence of defendants establish in this case it became the duty of the trial court to dismiss the proceeding and leave the parties to litigate the question of title in some more suitable form of action.” (p. 145.) In support of such statement the decision cites the case of Linder v. Warnock, 91 Kan. 272 , 137 Pac. 962 .

1945Upon the showing of a claim with as much substantial merit as the evidence of defendants establish in this case it became the duty of the trial court to dismiss the proceeding and leave the parties to litigate the question of title in some more suitable form of action.” (p. 145.) In support of such statement the decision cites the case of Linder v. Warnock, 91 Kan. 272 , 137 Pac. 962 .

12
Steinle v. Knowlesgreen
kan · 1998 · cited in 1 Kansas opinions naming this issue, 2004–2004
1 sentence

2004See Steinle, 265 Kan. at 555 ; Spivey, 254 Kan. at 250-51 ; Spruill, 212 Kan. at 686 .

11
State v. Danielsgreen
kanctapp · 1978 · cited in 1 Kansas opinions naming this issue, 2001–2001
1 sentence

2001See State v. Daniels, 2 Kan.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (22)

CaseCitedYears
True v. Mendenhall neutral
kan · 1903
2 sentences

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

1917(True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 ; O’Neil v. Eppler, 90 Kan. 314 , 133 Pac. 705 .) And the same, or a more rigorous, requirement is exacted elsewhere, as a condition to such relief. (23 Cyc. 997; Note, 14 L.

21917–1937
Kastner v. Benz green
kan · 1903
2 sentences

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

1917(True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 ; O’Neil v. Eppler, 90 Kan. 314 , 133 Pac. 705 .) And the same, or a more rigorous, requirement is exacted elsewhere, as a condition to such relief. (23 Cyc. 997; Note, 14 L.

21917–1937
O'Neil v. Eppler neutral
kan · 1913
2 sentences

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

21917–1937
State v. Godfrey green
kan · 2015
2 sentences

2024State v. Godfrey, 301 Kan. 1041, 1043 , 350 P.3d 1068 (2015).

2024State v. Godfrey, 301 Kan. 1041, 1043 , 350 P.3d 1068 (2015).

12024–2024
State v. Ryan green
kanctapp · 2001
1 sentence

2013App. 2d 297 , 26 P.3d 707 , rev. denied 272 Kan. 1422 (2001).” Stovall’s citation to Ryan was appropriate because Ryan contains language supporting Stovall’s request for automatic reversal upon a showing that defense counsel had a conflict of interest.

12013–2013
State v. Allen green
kanctapp · 2001
1 sentence

2010In Allen , the court reasoned that a challenge to the constitutional validity of prior convictions required that the court do more than merely “presume that all of the actions of the municipal court followed the law . . ., there must be a showing that the waiver was knowingly and intelligently made, and the attempted waiver must be strictly construed.” 28 Kan.

12010–2010
Williams v. Community Drive-In Theatre, Inc. green
kanctapp · 1979
2 sentences

2004App. 2d 352, 355 , 595 P.2d 724 , rev. denied 226 Kan. 793 (1979), the Court of Appeals adopted the ultimate showing test to determine whether an insurer has a duty to defend.

2004The Williams court stated that “the plaintiff may not create an obligation on the part of the insurer where no obligation previously existed.” 3 Kan.

12004–2004
Spruill Motors, Inc. v. Universal Underwriters Insurance green
kan · 1973
1 sentence

2004See Steinle, 265 Kan. at 555 ; Spivey, 254 Kan. at 250-51 ; Spruill, 212 Kan. at 686 .

12004–2004
Spivey v. Safeco Insurance green
kan · 1993
1 sentence

2004See Steinle, 265 Kan. at 555 ; Spivey, 254 Kan. at 250-51 ; Spruill, 212 Kan. at 686 .

12004–2004
State Ex Rel. Hamilton v. City Court of City of Mesa green
ariz · 1990
2 sentences

1992The foundation may not include any discussion regarding the accuracy with which HGN test results correlate to, or predict, a BAC of greater or less than .10%." 165 Ariz. at 519 .

1992The foundation may not include any discussion regarding the accuracy with which HGN test results correlate to, or predict, a BAC of greater or less than .10%.” 165 Ariz. at 519 .

11992–1992
cluster 297093 green
ca5 · 1971
1 sentence

1972In United States v. Saitta, 443 F. 2d 830 (CA5, 1971), the court, after announcing the rule that appropriate relief for violation of discovery orders lies within the sound discretion of the trial court, held that error in administering the discovery rules is not reversible absent a showing the error was prejudicial to the substantial rights of the defendant.

11972–1972
Tootle, Hanna & Co. v. Ellis neutral
kan · 1901
2 sentences

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

11937–1937
Pickens v. Campbell neutral
kan · 1916
2 sentences

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

11937–1937
Hope v. Bashor neutral
kan · 1917
2 sentences

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

11937–1937
Miller v. Miller green
kan · 1920
2 sentences

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

11937–1937
Welsbach Street Lighting Co. v. City of Wichita green
kan · 1917
1 sentence

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

11937–1937
Leslie v. Proctor & Gamble Manufacturing Co. green
kan · 1917
1 sentence

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

11937–1937
State Reserve Bank v. Daniels green
kan · 1935
2 sentences

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

1937In Hope v. Bashor, 99 Kan. 804 , 163 Pac. 463 , it was said that— “In this state an injunction will not be granted against a judgment merely because it is void for want of a legal service of summons, without a showing that a claim is made in good faith that it is unjust as well as based upon an insufficient notice.” (p. 806.) In True v. Mendenhall, 67 Kan. 497 , 73 Pac. 67 , it was held that— “Equitable relief will not be granted against a justice’s judgment, void for want of jurisdiction of the person of the defendant, without a showing, or at least a bona fide claim, of the existence of a me

11937–1937
State v. Peterson green
kan · 1918
2 sentences

1936(See the many cases annotated under this section in our Revised Statutes and Supplement thereto.) Some of these cases show direct violations of statutes of a character practically impossible to show a bad effect (see particularly State v. Peterson, 102 Kan. 900 , 171 Pac. 1153 ; State v. Smith, 114 Kan. 186, 188 , 217 Pac. 307 ), yet, because of the lack of such a showing the violation was ignored.

1936(See the many cases annotated under this section in our Revised Statutes and Supplement thereto.) Some of these cases show direct violations of statutes of a character practically impossible to show a bad effect (see particularly State v. Peterson, 102 Kan. 900 , 171 Pac. 1153 ; State v. Smith, 114 Kan. 186, 188 , 217 Pac. 307 ), yet, because of the lack of such a showing the violation was ignored.

11936–1936
State v. Smith green
kan · 1923
2 sentences

1936(See the many cases annotated under this section in our Revised Statutes and Supplement thereto.) Some of these cases show direct violations of statutes of a character practically impossible to show a bad effect (see particularly State v. Peterson, 102 Kan. 900 , 171 Pac. 1153 ; State v. Smith, 114 Kan. 186, 188 , 217 Pac. 307 ), yet, because of the lack of such a showing the violation was ignored.

1936(See the many cases annotated under this section in our Revised Statutes and Supplement thereto.) Some of these cases show direct violations of statutes of a character practically impossible to show a bad effect (see particularly State v. Peterson, 102 Kan. 900 , 171 Pac. 1153 ; State v. Smith, 114 Kan. 186, 188 , 217 Pac. 307 ), yet, because of the lack of such a showing the violation was ignored.

11936–1936
Dent v. Simpson green
kan · 1909
2 sentences

1914We think the case comes within the doctrine of Dent v. Simpson, 81 Kan. 217, 221 , 105 Pac. 542 , a survey case where the main issue was the location of the original stone marking the government corner.

1914We think the case comes within the doctrine of Dent v. Simpson, 81 Kan. 217, 221 , 105 Pac. 542 , a survey case where the main issue was the location of the original stone marking the government corner.

11914–1914
Brust v. Green neutral
kan · 1884
1 sentence

1905(Brust v. Green, 32 Kan. 182 , 4 Pac. 81 ; Winter v. Shutter, 42 id. 544, 546 , 22 Pac. 564 .) The judgment of the district court is reversed.

11905–1905

Where else courts name it

IL 275 (1900–2026) CA 159 (1912–2026) OH 117 (1946–2026) TX 107 (1927–2026) NJ 66 (1955–2025) MI 63 (1960–2025) NY 62 (1935–2023) FL 52 (1949–2025) WA 34 (1968–2021) LA 30 (1956–2023) VT 27 (1987–2020) CT 27 (1984–2026) MO 25 (1896–2020) IA 24 (1917–2025) IN 23 (1910–2026) MA 22 (1935–2023) GA 20 (1905–2026) UT 20 (1993–2025) MN 19 (1931–2015) MS 18 (1992–2016) NE 18 (1894–2023) NM 18 (1978–2025) ID 17 (1921–2023) MD 16 (1958–2024) ND 16 (1964–2016) AZ 15 (1951–2022) KY 14 (1922–2025) DC 14 (1989–2025) KS 14 (1905–2024) PA 14 (1904–2026) NC 14 (1974–2025) OK 13 (1909–2023) CO 12 (1976–2025) RI 12 (1963–2025) WI 12 (1929–2025) AL 12 (1952–2012) WV 9 (1982–2022) AR 8 (1991–2020) HI 7 (1971–2018) OR 7 (1981–2022) MT 7 (1936–2020) NV 6 (1984–2015) ME 6 (1956–2025) SD 5 (1989–2024) TN 5 (2000–2019) SC 5 (1957–2017) AK 4 (1989–2021) WY 4 (1942–2019) VI 4 (2013–2015) DE 3 (1978–2016) VA 3 (2005–2026) NH 2 (1950–1967)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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