equity test (Kansas) · Go Syfert
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equity test in Kansas

11 Kansas opinions name it 1 courts 1893–2017 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 (5)

CaseFollowedCited
Gannon v. Stategreen
kan · 2014 · cited in 3 Kansas opinions naming this issue, 2016–2017
2 sentences

2017It also concluded the State had violated the equity requirement by eliminating capital outlay state aid and prorating supplemental general state aid payments to which 10 some less-wealthy school districts were otherwise entitled by statute. 298 Kan. at 1181, 1188 .

2016As noted above, we instructed the panel to apply our test to determine whether any remedial action taken by the legislature complied with the equity requirement of Article 6 “through structure and implementation.” See 298 Kan. at 1198 .

23
Gannon v. Stategreen
kan · 2016 · cited in 2 Kansas opinions naming this issue, 2016–2017
2 sentences

2017This test does not require that wealth-based disparities between districts be measured under a zero-tolerance test or other mathematically precise standard because "equity [is] not necessarily the equivalent of 51 equality." Gannon II, 303 Kan. at 710 ; see Gannon I, 298 Kan. at 1180, 1188 .

2017Gannon II, 303 Kan. at 713-28 .

12
Unruh v. PURINA MILLS, LLCgreen
kan · 2009 · cited in 1 Kansas opinions naming this issue, 2016–2016
2 sentences

2016See Gannon I, 298 Kan. at 1179 (citing Unruh v. Purina Mills, 289 Kan. 1185, 1195-96 , 221 P.3d 1130 (2009) (appellate court accepts as true the evidence and all the reasonable inferences drawn from it which support the district courts findings).

2016See Gannon I, 298 Kan. at 1179 (citing Unruh v. Purina Mills, 289 Kan. 1185, 1195-96 , 221 P.3d 1130 (2009) (appellate court accepts as true the evidence and all the reasonable inferences drawn from it which support the district courts findings).

11
Montoy v. Stategreen
kan · 2005 · cited in 1 Kansas opinions naming this issue, 2014–2014
2 sentences

2014See Montoy v. State, 278 Kan. 769, 774-75 , 120 P.3d 306 (2005) (Montoy II); U.S.D.

2014See Montoy v. State, 278 Kan. 769, 774-75 , 120 P.3d 306 (2005) (Montoy II); U.S.D.

11
Montoy v. Stategreen
kan · 2005 · cited in 1 Kansas opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., Montoy v. State, 279 Kan. 817, 840 , 112 P.3d 923 (2005) (Montoy III) (“extraordinary declining enrollment provisions cannot be allowed to exacerbate inequities”); Montoy II, 278 Kan. at 775 (“equity with which the funds are distributed . . . [is] critical factor[] for legislature to consider in achieving a suitable formula for financing education”); U.S.D.

2014See, e.g., Montoy v. State, 279 Kan. 817, 840 , 112 P.3d 923 (2005) (Montoy III) (“extraordinary declining enrollment provisions cannot be allowed to exacerbate inequities”); Montoy II, 278 Kan. at 775 (“equity with which the funds are distributed . . . [is] critical factor[] for legislature to consider in achieving a suitable formula for financing education”); U.S.D.

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 (7)

CaseCitedYears
Hecht v. First National Bank & Trust Co. green
kan · 1971
1 sentence

1996Limitations are created by statute and are legislative, not judicial acts. (53 C.J.S., Limitations of Actions, § 2, p. 905.) “The legislature has specifically stated that the statute of limitations begins to run on an action such as is now before us when the cause of action accrues.” In Hecht, 208 Kan. at 93-94 , this court stated: .

11996–1996
Kansas State Bank v. First State Bank green
kan · 1901
2 sentences

1940Thus in Bank v. Bank, 62 Kan. 788, 795 , 64 Pac. 634 , it was said: “Equity follows a trust fund through any number of changes and allows an owner to reclaim it when and wherever it can be identified.

1940Thus in Bank v. Bank, 62 Kan. 788, 795 , 64 Pac. 634 , it was said: “Equity follows a trust fund through any number of changes and allows an owner to reclaim it when and wherever it can be identified.

11940–1940
Blodgett v. Hitt neutral
wis · 1871
1 sentence

1912In Sheldon on Subrogation, 2d ed., p. 58, it is said (citing Weimer v. Porter, 42 Mich. 569 , 4 N. W. 306 , and Blodgett and another v. Hitt, 29 Wis. 169 , 182 et seq.) respecting the right of the person claiming to be reimbursed: “It is merely necessary that his payment should have been made in good faith for the protection of an interest which he believed himself to have in the estate, and in discharge of a burden actually resting upon the property, so that his payment has increased the value of -the estate for the benefit of those who turn out subsequently to. be entitled to the title.” Wha

11912–1912
Weimer v. Porter neutral
mich · 1880
2 sentences

1912In Sheldon on Subrogation, 2d ed., p. 58, it is said (citing Weimer v. Porter, 42 Mich. 569 , 4 N. W. 306 , and Blodgett and another v. Hitt, 29 Wis. 169 , 182 et seq.) respecting the right of the person claiming to be reimbursed: “It is merely necessary that his payment should have been made in good faith for the protection of an interest which he believed himself to have in the estate, and in discharge of a burden actually resting upon the property, so that his payment has increased the value of -the estate for the benefit of those who turn out subsequently to. be entitled to the title.” Wha

1912In Sheldon on Subrogation, 2d ed., p. 58, it is said (citing Weimer v. Porter, 42 Mich. 569 , 4 N. W. 306 , and Blodgett and another v. Hitt, 29 Wis. 169 , 182 et seq.) respecting the right of the person claiming to be reimbursed: “It is merely necessary that his payment should have been made in good faith for the protection of an interest which he believed himself to have in the estate, and in discharge of a burden actually resting upon the property, so that his payment has increased the value of -the estate for the benefit of those who turn out subsequently to. be entitled to the title.” Wha

11912–1912
Walker v. Mauro neutral
mo · 1853
1 sentence

1902This rule is clearly stated by Mr. Pomeroy in his work on Code Remedies (3d ed.), section 249 : , “The fundamental principle may be stated as follows : The plaintiff who institutes an equitable action must bring before the court all those persons who have such relations to the subject-matter of the controversy that, in order to prevent further litigation by them, they must be included in and bound by the present decree ; in other words, all those persons who are so related to the controversy and its subject-matter that, unless thus concluded by the decree, they might set up some future claim,

11902–1902
Painter v. Industrial Life Ass'n green
ind · 1892
2 sentences

1901The court said: “A forfeiture is not favored either at law or in equity, and a provision for it in a contract will be strictly construed, and courts will find a waiver upon slight evidence, when the equity of the claim made, as in this case, is, under the contract, in favor of the insured.” (See, also, Painter v. The Industrial Life Association, 131 Ind. 68 , 30 N. E. 876 .) From the facts developed at the trial, we are of the opinion that the insurance company is liable. i. Departure in pleading.

1901The court said: “A forfeiture is not favored either at law or in equity, and a provision for it in a contract will be strictly construed, and courts will find a waiver upon slight evidence, when the equity of the claim made, as in this case, is, under the contract, in favor of the insured.” (See, also, Painter v. The Industrial Life Association, 131 Ind. 68 , 30 N. E. 876 .) From the facts developed at the trial, we are of the opinion that the insurance company is liable. i. Departure in pleading.

11901–1901
Peak v. Ellicott neutral
kan · 1883
1 sentence

1893This principle was fully recognized, and the question in the present case was substantially decided, in Peak v. Ellicott, 30 Kas. 156 .

11893–1893

Statutes the citing opinions construe

KS § K.S.A. § 72-6431 (4) KS § K.S.A. § 72-6433 (4) KS § K.S.A. § 72-6434 (4) KS § K.S.A. § 72-8814 (4) KS § K.S.A. § 20-2616 (3) KS § K.S.A. § 72-6407 (3) KS § K.S.A. § 72-6463 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 42 (1843–2021) TX 26 (1902–2025) PA 24 (1888–2021) CA 24 (1887–2016) MO 23 (1879–1975) MI 20 (1868–2022) AL 18 (1883–2016) FL 18 (1901–2017) GA 17 (1854–2023) IL 16 (1882–2009) OK 16 (1913–2021) NE 14 (1888–2024) WA 14 (1891–2014) MA 12 (1936–2014) KY 12 (1899–2009) KS 11 (1893–2017) MN 11 (1895–1951) IN 10 (1873–1994) WV 9 (1879–2025) WI 7 (1912–1985) NJ 7 (1880–2021) AR 6 (1897–1922) MD 6 (1882–1992) SD 6 (1911–2010) CT 5 (1860–2010) TN 5 (1873–1961) LA 5 (1843–1985) HI 5 (1921–2011) OH 5 (1895–2005) ID 4 (1909–1955) DE 4 (1958–2022) AZ 4 (1889–2026) MS 4 (1985–2025) NM 4 (1922–2016) MT 4 (1905–2018) OR 3 (1959–1973) NC 3 (1908–2006) VA 3 (1889–1939) ND 3 (1903–1951) CO 3 (1889–1914) IA 3 (1939–1978) DC 3 (1914–1993) NH 2 (1860–1868) SC 2 (1906–2006) UT 2 (1995–2019)

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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