oft-stated rule (Kansas) · Go Syfert
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oft-stated rule in Kansas

13 Kansas opinions name it 2 courts 1943–2013 0 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 (4)

CaseFollowedCited
State v. Mooregreen
kan · 2000 · cited in 1 Kansas opinions naming this issue, 2013–2013
2 sentences

2013See State v. Moore, 269 Kan. 27, 30 , 4 P.3d 1141 (2000).

2013See State v. Moore, 269 Kan. 27, 30 , 4 P.3d 1141 (2000).

11
Anderson v. Overland Park Credit Uniongreen
kan · 1982 · cited in 1 Kansas opinions naming this issue, 1983–1983
2 sentences

1983See Anderson v. Overland Park Credit Union, 231 Kan. 97 , Syl. ¶ 6, 643 P.2d 120 (1982).

1983See Anderson v. Overland Park Credit Union, 231 Kan. 97 , Syl. ¶ 6, 643 P.2d 120 (1982).

11
Mid Kansas Federal Savings & Loan Ass'n v. Bintergreen
kan · 1966 · cited in 1 Kansas opinions naming this issue, 1974–1974
2 sentences

1974See also, Mid Kansas Federal Savings & Loan Ass’n. v. Binter, 197 Kan. 106 , 415 P. 2d 278 ; Whisnant v. Schmid Motor Co., 184 Kan. 348 , 336 P. 2d 398 . *598 In such cases, as in this case, the swindler acquires no “title” as a result of his fraudulent scheme.

1974See also, Mid Kansas Federal Savings & Loan Ass’n. v. Binter, 197 Kan. 106 , 415 P. 2d 278 ; Whisnant v. Schmid Motor Co., 184 Kan. 348 , 336 P. 2d 398 . *598 In such cases, as in this case, the swindler acquires no “title” as a result of his fraudulent scheme.

11
Bernsden v. Johnsongreen
kan · 1953 · cited in 1 Kansas opinions naming this issue, 1957–1957
2 sentences

1957(Bernsden v. Johnson, 174 Kan. 230, 236, 237 , 255 P. 2d 1033 .) I dissent from the majority opinion of the court as to the ruling on the demurrers because I believe we are bound by the oft-stated rule reiterated in Noel v. Menninger Foundation, 180 Kan. 23 , 299 P. 2d 38 , which was cited with approval in Koch v. Suttle, 180 Kan. 603, 606 , 306 P. 2d 123 .

1957(Bernsden v. Johnson, 174 Kan. 230, 236, 237 , 255 P. 2d 1033 .) I dissent from the majority opinion of the court as to the ruling on the demurrers because I believe we are bound by the oft-stated rule reiterated in Noel v. Menninger Foundation, 180 Kan. 23 , 299 P. 2d 38 , which was cited with approval in Koch v. Suttle, 180 Kan. 603, 606 , 306 P. 2d 123 .

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
Baldwin v. Hambleton green
kan · 1966
2 sentences

1980(Wallace v. Magie, 214 Kan. 481 , 522 P.2d 989 ; Beall v. Hardie, 177 Kan. *17 353, 279 P.2d 276 ; Baldwin v. Hambleton, 196 Kan. 353 , 411 P.2d 626 ; Parsons v. Smith, Trustee, 190 Kan. 569 , 376 P.2d 899 .) The tools in aid of our search for the testator’s intention are the language contained within the four corners of the document, plus any extraneous circumstances surrounding its execution which assist in understanding his true intent and purpose.

1980(Wallace v. Magie, 214 Kan. 481 , 522 P.2d 989 ; Beall v. Hardie, 177 Kan. *17 353, 279 P.2d 276 ; Baldwin v. Hambleton, 196 Kan. 353 , 411 P.2d 626 ; Parsons v. Smith, Trustee, 190 Kan. 569 , 376 P.2d 899 .) The tools in aid of our search for the testator’s intention are the language contained within the four corners of the document, plus any extraneous circumstances surrounding its execution which assist in understanding his true intent and purpose.

21976–1980
Beall v. Hardie green
kan · 1955
2 sentences

1980(Wallace v. Magie, 214 Kan. 481 , 522 P.2d 989 ; Beall v. Hardie, 177 Kan. *17 353, 279 P.2d 276 ; Baldwin v. Hambleton, 196 Kan. 353 , 411 P.2d 626 ; Parsons v. Smith, Trustee, 190 Kan. 569 , 376 P.2d 899 .) The tools in aid of our search for the testator’s intention are the language contained within the four corners of the document, plus any extraneous circumstances surrounding its execution which assist in understanding his true intent and purpose.

1976(Wallace v. Magie, 214 Kan. 481 , 522 P. 2d 989 ; *103 Beall v. Hardie, 177 Kan. 353 , 279 P. 2d 276 ; Baldwin v. Hambleton, 196 Kan. 353 , 411 P. 2d 626 ; Parsons v. Smith, Trustee, 190 Kan. 569 , 376 P. 2d 899 .) The tools in aid of our search for the testator’s intention are the language contained within the four corners of the document, plus any extraneous circumstances surrounding its execution which assist in understanding his true intent and purpose.

21976–1980
Wallace v. Magie green
kan · 1974
2 sentences

1980(Wallace v. Magie, 214 Kan. 481 , 522 P.2d 989 ; Beall v. Hardie, 177 Kan. *17 353, 279 P.2d 276 ; Baldwin v. Hambleton, 196 Kan. 353 , 411 P.2d 626 ; Parsons v. Smith, Trustee, 190 Kan. 569 , 376 P.2d 899 .) The tools in aid of our search for the testator’s intention are the language contained within the four corners of the document, plus any extraneous circumstances surrounding its execution which assist in understanding his true intent and purpose.

1980(Wallace v. Magie, 214 Kan. 481 , 522 P.2d 989 ; Beall v. Hardie, 177 Kan. *17 353, 279 P.2d 276 ; Baldwin v. Hambleton, 196 Kan. 353 , 411 P.2d 626 ; Parsons v. Smith, Trustee, 190 Kan. 569 , 376 P.2d 899 .) The tools in aid of our search for the testator’s intention are the language contained within the four corners of the document, plus any extraneous circumstances surrounding its execution which assist in understanding his true intent and purpose.

21976–1980
Parsons v. Smith, Trustee green
kan · 1962
2 sentences

1980(Wallace v. Magie, 214 Kan. 481 , 522 P.2d 989 ; Beall v. Hardie, 177 Kan. *17 353, 279 P.2d 276 ; Baldwin v. Hambleton, 196 Kan. 353 , 411 P.2d 626 ; Parsons v. Smith, Trustee, 190 Kan. 569 , 376 P.2d 899 .) The tools in aid of our search for the testator’s intention are the language contained within the four corners of the document, plus any extraneous circumstances surrounding its execution which assist in understanding his true intent and purpose.

1980(Wallace v. Magie, 214 Kan. 481 , 522 P.2d 989 ; Beall v. Hardie, 177 Kan. *17 353, 279 P.2d 276 ; Baldwin v. Hambleton, 196 Kan. 353 , 411 P.2d 626 ; Parsons v. Smith, Trustee, 190 Kan. 569 , 376 P.2d 899 .) The tools in aid of our search for the testator’s intention are the language contained within the four corners of the document, plus any extraneous circumstances surrounding its execution which assist in understanding his true intent and purpose.

21976–1980
State v. Tripp green
kan · 1985
2 sentences

1990State v. Neer, 247 Kan. 137 , Syl. ¶ 1, 795 P.2d 362 (1990); State v. Tripp, 237 Kan. 244, 246 , 699 P.2d 33 (1985).

1990State v. Neer, 247 Kan. 137 , Syl. ¶ 1, 795 P.2d 362 (1990); State v. Tripp, 237 Kan. 244, 246 , 699 P.2d 33 (1985).

11990–1990
State v. Neer green
kan · 1990
2 sentences

1990State v. Neer, 247 Kan. 137 , Syl. ¶ 1, 795 P.2d 362 (1990); State v. Tripp, 237 Kan. 244, 246 , 699 P.2d 33 (1985).

1990State v. Neer, 247 Kan. 137 , Syl. ¶ 1, 795 P.2d 362 (1990); State v. Tripp, 237 Kan. 244, 246 , 699 P.2d 33 (1985).

11990–1990
Nordstrom v. Miller green
kan · 1980
1 sentence

1984Nordstrom also recognized the oft-stated principle that punitive damages are not intended to compensate the injured party but to punish the offender and to deter others. 227 Kan. 59 , Syl. ¶ 12.

11984–1984
State v. Moses green
kan · 1980
2 sentences

1983State v. Moses, 227 Kan. 400, 404 , 607 P.2d 477 (1980); State v. Roach, 223 Kan. 732, 737 , 576 P.2d 1082 (1978); State v. Wasinger, 220 Kan. 599, 604 , 556 P.2d 189 (1976).

1983State v. Moses, 227 Kan. 400, 404 , 607 P.2d 477 (1980); State v. Roach, 223 Kan. 732, 737 , 576 P.2d 1082 (1978); State v. Wasinger, 220 Kan. 599, 604 , 556 P.2d 189 (1976).

11983–1983
State v. Wasinger green
kan · 1976
2 sentences

1983State v. Moses, 227 Kan. 400, 404 , 607 P.2d 477 (1980); State v. Roach, 223 Kan. 732, 737 , 576 P.2d 1082 (1978); State v. Wasinger, 220 Kan. 599, 604 , 556 P.2d 189 (1976).

1983State v. Moses, 227 Kan. 400, 404 , 607 P.2d 477 (1980); State v. Roach, 223 Kan. 732, 737 , 576 P.2d 1082 (1978); State v. Wasinger, 220 Kan. 599, 604 , 556 P.2d 189 (1976).

11983–1983
State v. Roach green
kan · 1978
2 sentences

1983State v. Moses, 227 Kan. 400, 404 , 607 P.2d 477 (1980); State v. Roach, 223 Kan. 732, 737 , 576 P.2d 1082 (1978); State v. Wasinger, 220 Kan. 599, 604 , 556 P.2d 189 (1976).

1983State v. Moses, 227 Kan. 400, 404 , 607 P.2d 477 (1980); State v. Roach, 223 Kan. 732, 737 , 576 P.2d 1082 (1978); State v. Wasinger, 220 Kan. 599, 604 , 556 P.2d 189 (1976).

11983–1983
State v. Words green
kan · 1979
1 sentence

1979The oft-stated rule regarding the admission of photographs was recently set forth in State v. Words, 226 Kan. 59, 61 , 592 P.2d 129 (1979): “Photographs are not rendered inadmissible merely because they are shocking or gruesome if they are relevant and material to the matters at issue.

11979–1979
Smith v. Williams neutral
kanctapp · 1979
1 sentence

1979The oft-stated rule regarding the admission of photographs was recently set forth in State v. Words, 226 Kan. 59, 61 , 592 P.2d 129 (1979): “Photographs are not rendered inadmissible merely because they are shocking or gruesome if they are relevant and material to the matters at issue.

11979–1979
Jennings v. Jennings green
kan · 1973
2 sentences

1976(Fleming Company v. McDonald, 212 Kan. 11 , 509 P. 2d 1162 ; Scogin v. Nugen, 204 Kan. 568 , 464 P. 2d 166 ; Jennings v. Jennings, 211 Kan. 515 , 507 P. 2d 241 ; Great Lakes Pipe Line Co. v. Wetschensky, 193 Kan. 706 , 396 P. 2d 295 .) In an attempt to give effect to both of the statutes involved and arrive *435 at a reasonable construction, we should look to the policy behind the enactment of these statutes.

1976(Fleming Company v. McDonald, 212 Kan. 11 , 509 P. 2d 1162 ; Scogin v. Nugen, 204 Kan. 568 , 464 P. 2d 166 ; Jennings v. Jennings, 211 Kan. 515 , 507 P. 2d 241 ; Great Lakes Pipe Line Co. v. Wetschensky, 193 Kan. 706 , 396 P. 2d 295 .) In an attempt to give effect to both of the statutes involved and arrive *435 at a reasonable construction, we should look to the policy behind the enactment of these statutes.

11976–1976
Scogin v. Nugen green
kan · 1970
2 sentences

1976(Fleming Company v. McDonald, 212 Kan. 11 , 509 P. 2d 1162 ; Scogin v. Nugen, 204 Kan. 568 , 464 P. 2d 166 ; Jennings v. Jennings, 211 Kan. 515 , 507 P. 2d 241 ; Great Lakes Pipe Line Co. v. Wetschensky, 193 Kan. 706 , 396 P. 2d 295 .) In an attempt to give effect to both of the statutes involved and arrive *435 at a reasonable construction, we should look to the policy behind the enactment of these statutes.

1976(Fleming Company v. McDonald, 212 Kan. 11 , 509 P. 2d 1162 ; Scogin v. Nugen, 204 Kan. 568 , 464 P. 2d 166 ; Jennings v. Jennings, 211 Kan. 515 , 507 P. 2d 241 ; Great Lakes Pipe Line Co. v. Wetschensky, 193 Kan. 706 , 396 P. 2d 295 .) In an attempt to give effect to both of the statutes involved and arrive *435 at a reasonable construction, we should look to the policy behind the enactment of these statutes.

11976–1976
Fleming Company v. McDonald green
kan · 1973
2 sentences

1976(Fleming Company v. McDonald, 212 Kan. 11 , 509 P. 2d 1162 ; Scogin v. Nugen, 204 Kan. 568 , 464 P. 2d 166 ; Jennings v. Jennings, 211 Kan. 515 , 507 P. 2d 241 ; Great Lakes Pipe Line Co. v. Wetschensky, 193 Kan. 706 , 396 P. 2d 295 .) In an attempt to give effect to both of the statutes involved and arrive *435 at a reasonable construction, we should look to the policy behind the enactment of these statutes.

1976(Fleming Company v. McDonald, 212 Kan. 11 , 509 P. 2d 1162 ; Scogin v. Nugen, 204 Kan. 568 , 464 P. 2d 166 ; Jennings v. Jennings, 211 Kan. 515 , 507 P. 2d 241 ; Great Lakes Pipe Line Co. v. Wetschensky, 193 Kan. 706 , 396 P. 2d 295 .) In an attempt to give effect to both of the statutes involved and arrive *435 at a reasonable construction, we should look to the policy behind the enactment of these statutes.

11976–1976
Great Lakes Pipe Line Co. v. Wetschensky neutral
kan · 1964
2 sentences

1976(Fleming Company v. McDonald, 212 Kan. 11 , 509 P. 2d 1162 ; Scogin v. Nugen, 204 Kan. 568 , 464 P. 2d 166 ; Jennings v. Jennings, 211 Kan. 515 , 507 P. 2d 241 ; Great Lakes Pipe Line Co. v. Wetschensky, 193 Kan. 706 , 396 P. 2d 295 .) In an attempt to give effect to both of the statutes involved and arrive *435 at a reasonable construction, we should look to the policy behind the enactment of these statutes.

1976(Fleming Company v. McDonald, 212 Kan. 11 , 509 P. 2d 1162 ; Scogin v. Nugen, 204 Kan. 568 , 464 P. 2d 166 ; Jennings v. Jennings, 211 Kan. 515 , 507 P. 2d 241 ; Great Lakes Pipe Line Co. v. Wetschensky, 193 Kan. 706 , 396 P. 2d 295 .) In an attempt to give effect to both of the statutes involved and arrive *435 at a reasonable construction, we should look to the policy behind the enactment of these statutes.

11976–1976
Whisnant v. Don Schmid Motor Co. neutral
kan · 1959
2 sentences

1974See also, Mid Kansas Federal Savings & Loan Ass’n. v. Binter, 197 Kan. 106 , 415 P. 2d 278 ; Whisnant v. Schmid Motor Co., 184 Kan. 348 , 336 P. 2d 398 . *598 In such cases, as in this case, the swindler acquires no “title” as a result of his fraudulent scheme.

1974See also, Mid Kansas Federal Savings & Loan Ass’n. v. Binter, 197 Kan. 106 , 415 P. 2d 278 ; Whisnant v. Schmid Motor Co., 184 Kan. 348 , 336 P. 2d 398 . *598 In such cases, as in this case, the swindler acquires no “title” as a result of his fraudulent scheme.

11974–1974
Bicknell v. Jones neutral
kan · 1969
2 sentences

1974This result is achieved by applying the oft-stated rule that “where one of two innocent persons must suffer by reason of the fraud of another, he who trusted the wrongdoer and placed the means in his hands to commit the wrong must bear the loss.” Bicknell v. Jones, 203 Kan. 196 , 453 P. 2d 127 , Syl. ¶ 3.

1974This result is achieved by applying the oft-stated rule that “where one of two innocent persons must suffer by reason of the fraud of another, he who trusted the wrongdoer and placed the means in his hands to commit the wrong must bear the loss.” Bicknell v. Jones, 203 Kan. 196 , 453 P. 2d 127 , Syl. ¶ 3.

11974–1974
Sipes v. Crum green
kan · 1970
2 sentences

1973(Sipes v. Crum, 204 Kan. 591 , 464 P. 2d 1 , Syl. ¶ 3.

1973(Sipes v. Crum, 204 Kan. 591 , 464 P. 2d 1 , Syl. ¶ 3.

11973–1973
Koch v. Suttle neutral
kan · 1957
2 sentences

1957(Bernsden v. Johnson, 174 Kan. 230, 236, 237 , 255 P. 2d 1033 .) I dissent from the majority opinion of the court as to the ruling on the demurrers because I believe we are bound by the oft-stated rule reiterated in Noel v. Menninger Foundation, 180 Kan. 23 , 299 P. 2d 38 , which was cited with approval in Koch v. Suttle, 180 Kan. 603, 606 , 306 P. 2d 123 .

1957(Bernsden v. Johnson, 174 Kan. 230, 236, 237 , 255 P. 2d 1033 .) I dissent from the majority opinion of the court as to the ruling on the demurrers because I believe we are bound by the oft-stated rule reiterated in Noel v. Menninger Foundation, 180 Kan. 23 , 299 P. 2d 38 , which was cited with approval in Koch v. Suttle, 180 Kan. 603, 606 , 306 P. 2d 123 .

11957–1957
Noel v. Menninger Foundation green
kan · 1956
2 sentences

1957(Bernsden v. Johnson, 174 Kan. 230, 236, 237 , 255 P. 2d 1033 .) I dissent from the majority opinion of the court as to the ruling on the demurrers because I believe we are bound by the oft-stated rule reiterated in Noel v. Menninger Foundation, 180 Kan. 23 , 299 P. 2d 38 , which was cited with approval in Koch v. Suttle, 180 Kan. 603, 606 , 306 P. 2d 123 .

1957(Bernsden v. Johnson, 174 Kan. 230, 236, 237 , 255 P. 2d 1033 .) I dissent from the majority opinion of the court as to the ruling on the demurrers because I believe we are bound by the oft-stated rule reiterated in Noel v. Menninger Foundation, 180 Kan. 23 , 299 P. 2d 38 , which was cited with approval in Koch v. Suttle, 180 Kan. 603, 606 , 306 P. 2d 123 .

11957–1957
Robinson v. Short neutral
kan · 1938
2 sentences

1943(Robinson v. Short, 148 Kan. 134 , 79 P. 2d 903 .) Plaintiff testified that she and those with her were on their way to a beer tavern located across the street from the point where they parked their car; that she was the last one to get out of the car; that she had been riding in the front seat and got out on the right-hand side of the car, which was headed south; that she stepped on the curb and then took the next step with her right foot, when she fell into a hole; that her right leg went into the hole and her left leg crumpled up under her; that her brother and son helped her out and that s

1943(Robinson v. Short, 148 Kan. 134 , 79 P. 2d 903 .) Plaintiff testified that she and those with her were on their way to a beer tavern located across the street from the point where they parked their car; that she was the last one to get out of the car; that she had been riding in the front seat and got out on the right-hand side of the car, which was headed south; that she stepped on the curb and then took the next step with her right foot, when she fell into a hole; that her right leg went into the hole and her left leg crumpled up under her; that her brother and son helped her out and that s

11943–1943

Where else courts name it

NY 40 (1958–2024) AL 31 (1954–2025) PA 21 (1965–2023) CA 17 (1930–2021) IL 14 (1948–2015) KS 13 (1943–2013) MO 9 (1917–2022) NJ 9 (1980–2021) IN 8 (1979–2019) WI 7 (1976–2023) FL 7 (1957–2019) TX 5 (1976–2000) OH 5 (1980–2006) NC 5 (1964–2018) MD 4 (1974–2002) NE 4 (1956–1991) LA 3 (1958–1979) HI 3 (1978–1995) WA 3 (1972–2011) KY 3 (1988–2022) CT 3 (1980–2019) MA 3 (1986–2019) WY 3 (1984–2013) OR 2 (1977–1992) OK 2 (1977–1999) AK 2 (1981–1985) MN 2 (1979–1984) SC 2 (1984–2005) UT 2 (1984–1992) ME 2 (2010–2010) AZ 2 (1979–2004) MT 2 (1995–1997) GA 2 (1938–1981) VT 2 (2009–2009) RI 2 (1984–2006)

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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