appellant contends error (Kansas) · Go Syfert
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appellant contends error in Kansas

10 Kansas opinions name it 1 courts 1913–1977 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 (2)

CaseFollowedCited
Gulf Oil Corp. v. Gilbertred
scotus · 1947 · cited in 1 Kansas opinions naming this issue, 1962–1962
1 sentence

1962This has been done as follows by Mr. Justice Jackson in Gulf Oil Corp. v. Gilbert, 330 U. S. 501, 508 (1947):” The appellant contends the doctrine of forum non conveniens is not applicable in the state of Kansas for the reason that neither the constitution nor the statutes of Kansas expressly refer to the doctrine, or affirmatively authorize a district court to decline to exercise jurisdiction in a case in which the district court otherwise has jurisdiction over the parties and the subject matter.

11
Plowman v. Nicholsongreen
· 1909 · cited in 1 Kansas opinions naming this issue, 1913–1913
2 sentences

1913A conflict of authority with regard to the admissibility of such evidence is noted in Plowman v. Nicholson, 81 Kan. 210, 215, 216 , 105 Pac. 692 , 106 Pac. 279 , where citations are made.

1913A conflict of authority with regard to the admissibility of such evidence is noted in Plowman v. Nicholson, 81 Kan. 210, 215, 216 , 105 Pac. 692 , 106 Pac. 279 , where citations are made.

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 (19)

CaseCitedYears
State v. Osburn green
kan · 1975
2 sentences

1977S. A. 22-3201[4]; State v. Rives, 220 Kan. 141, 144-145 , 551 P. 2d 788 ; and State v. Osburn, 216 Kan. 638, 640-641 , 533 P. 2d 1229 , and authorities cited therein.) Second, the appellant contends it was error for the court to give jury instruction No. 2(3) which stated an element of the crime charged in the disjunctive.

1977S. A. 22-3201[4]; State v. Rives, 220 Kan. 141, 144-145 , 551 P. 2d 788 ; and State v. Osburn, 216 Kan. 638, 640-641 , 533 P. 2d 1229 , and authorities cited therein.) Second, the appellant contends it was error for the court to give jury instruction No. 2(3) which stated an element of the crime charged in the disjunctive.

11977–1977
State v. Rives green
kan · 1976
2 sentences

1977S. A. 22-3201[4]; State v. Rives, 220 Kan. 141, 144-145 , 551 P. 2d 788 ; and State v. Osburn, 216 Kan. 638, 640-641 , 533 P. 2d 1229 , and authorities cited therein.) Second, the appellant contends it was error for the court to give jury instruction No. 2(3) which stated an element of the crime charged in the disjunctive.

1977S. A. 22-3201[4]; State v. Rives, 220 Kan. 141, 144-145 , 551 P. 2d 788 ; and State v. Osburn, 216 Kan. 638, 640-641 , 533 P. 2d 1229 , and authorities cited therein.) Second, the appellant contends it was error for the court to give jury instruction No. 2(3) which stated an element of the crime charged in the disjunctive.

11977–1977
Tos v. Handle green
kan · 1972
2 sentences

1976In ruling on a motion for a directed verdict pursuant to K.S.A. 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought, and where the evidence is such that reasonable minds could reach different conclusions thereon, the motion must be denied and the matter submitted to the jury. ( Tos v. Handle, 209 Kan. 139 , 495 P.2d 896 ; and Fox v. Massey-Ferguson, Inc., 206 Kan. 97 , 476 P.2d 646 .) The same basic rule governs appellate review of a motion for a directed verdict. ( Apperson v. Securi

1976In ruling on a motion for a directed verdict pursuant to K.S.A. 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought, and where the evidence is such that reasonable minds could reach different conclusions thereon, the motion must be denied and the matter submitted to the jury. ( Tos v. Handle, 209 Kan. 139 , 495 P.2d 896 ; and Fox v. Massey-Ferguson, Inc., 206 Kan. 97 , 476 P.2d 646 .) The same basic rule governs appellate review of a motion for a directed verdict. ( Apperson v. Securi

11976–1976
Apperson v. Security State Bank green
kan · 1974
2 sentences

1976In ruling on a motion for a directed verdict pursuant to K.S.A. 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought, and where the evidence is such that reasonable minds could reach different conclusions thereon, the motion must be denied and the matter submitted to the jury. ( Tos v. Handle, 209 Kan. 139 , 495 P.2d 896 ; and Fox v. Massey-Ferguson, Inc., 206 Kan. 97 , 476 P.2d 646 .) The same basic rule governs appellate review of a motion for a directed verdict. ( Apperson v. Securi

1976In ruling on a motion for a directed verdict pursuant to K.S.A. 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought, and where the evidence is such that reasonable minds could reach different conclusions thereon, the motion must be denied and the matter submitted to the jury. ( Tos v. Handle, 209 Kan. 139 , 495 P.2d 896 ; and Fox v. Massey-Ferguson, Inc., 206 Kan. 97 , 476 P.2d 646 .) The same basic rule governs appellate review of a motion for a directed verdict. ( Apperson v. Securi

11976–1976
Bendure v. Great Lakes Pipe Line Co. green
kan · 1967
2 sentences

1976In ruling on a motion for a directed verdict pursuant to K.S.A. 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought, and where the evidence is such that reasonable minds could reach different conclusions thereon, the motion must be denied and the matter submitted to the jury. ( Tos v. Handle, 209 Kan. 139 , 495 P.2d 896 ; and Fox v. Massey-Ferguson, Inc., 206 Kan. 97 , 476 P.2d 646 .) The same basic rule governs appellate review of a motion for a directed verdict. ( Apperson v. Securi

1976In ruling on a motion for a directed verdict pursuant to K.S.A. 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought, and where the evidence is such that reasonable minds could reach different conclusions thereon, the motion must be denied and the matter submitted to the jury. ( Tos v. Handle, 209 Kan. 139 , 495 P.2d 896 ; and Fox v. Massey-Ferguson, Inc., 206 Kan. 97 , 476 P.2d 646 .) The same basic rule governs appellate review of a motion for a directed verdict. ( Apperson v. Securi

11976–1976
Hallett v. Stone green
kan · 1975
2 sentences

1976In ruling on a motion for a directed verdict pursuant to K.S.A. 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought, and where the evidence is such that reasonable minds could reach different conclusions thereon, the motion must be denied and the matter submitted to the jury. ( Tos v. Handle, 209 Kan. 139 , 495 P.2d 896 ; and Fox v. Massey-Ferguson, Inc., 206 Kan. 97 , 476 P.2d 646 .) The same basic rule governs appellate review of a motion for a directed verdict. ( Apperson v. Securi

1976In ruling on a motion for a directed verdict pursuant to K.S.A. 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought, and where the evidence is such that reasonable minds could reach different conclusions thereon, the motion must be denied and the matter submitted to the jury. ( Tos v. Handle, 209 Kan. 139 , 495 P.2d 896 ; and Fox v. Massey-Ferguson, Inc., 206 Kan. 97 , 476 P.2d 646 .) The same basic rule governs appellate review of a motion for a directed verdict. ( Apperson v. Securi

11976–1976
Fox v. Massey-Ferguson, Inc. neutral
kan · 1970
2 sentences

1976In ruling on a motion for a directed verdict pursuant to K.S.A. 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought, and where the evidence is such that reasonable minds could reach different conclusions thereon, the motion must be denied and the matter submitted to the jury. ( Tos v. Handle, 209 Kan. 139 , 495 P.2d 896 ; and Fox v. Massey-Ferguson, Inc., 206 Kan. 97 , 476 P.2d 646 .) The same basic rule governs appellate review of a motion for a directed verdict. ( Apperson v. Securi

1976In ruling on a motion for a directed verdict pursuant to K.S.A. 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought, and where the evidence is such that reasonable minds could reach different conclusions thereon, the motion must be denied and the matter submitted to the jury. ( Tos v. Handle, 209 Kan. 139 , 495 P.2d 896 ; and Fox v. Massey-Ferguson, Inc., 206 Kan. 97 , 476 P.2d 646 .) The same basic rule governs appellate review of a motion for a directed verdict. ( Apperson v. Securi

11976–1976
McGehee v. Schiffman neutral
calctapp · 1906
2 sentences

1976(See, McGehee v. Schiffman, 4 Cal. App. 50 , 87 Pac. 290 [1906].) The appellant contends it was error for the trial court to overrule her motion for a directed verdict on the issue of negligence on the part of the defendant — that the defendant's admissions of negligence are binding upon him.

1976(See, McGehee v. Schiffman, 4 Cal. App. 50 , 87 Pac. 290 [1906].) The appellant contends it was error for the trial court to overrule her motion for a directed verdict on the issue of negligence on the part of the defendant — that the defendant's admissions of negligence are binding upon him.

11976–1976
Effland v. Effland neutral
kan · 1951
2 sentences

1973The appellant contends the doctrine of laches cannot be invoked in support cases and cites Peters v. Weber, 175 Kan. 838 , 267 P. 2d 481 and Effland v. Effland, 171 Kan. 657 , 237 P. 2d 380 .

1973The appellant contends the doctrine of laches cannot be invoked in support cases and cites Peters v. Weber, 175 Kan. 838 , 267 P. 2d 481 and Effland v. Effland, 171 Kan. 657 , 237 P. 2d 380 .

11973–1973
Peters v. Weber green
kan · 1954
2 sentences

1973The appellant contends the doctrine of laches cannot be invoked in support cases and cites Peters v. Weber, 175 Kan. 838 , 267 P. 2d 481 and Effland v. Effland, 171 Kan. 657 , 237 P. 2d 380 .

1973The appellant contends the doctrine of laches cannot be invoked in support cases and cites Peters v. Weber, 175 Kan. 838 , 267 P. 2d 481 and Effland v. Effland, 171 Kan. 657 , 237 P. 2d 380 .

11973–1973
American Fence Co. of the Midwest, Inc. v. Gestes green
kan · 1962
2 sentences

1972(Jocich v. Greyhound Cab Co., 188 Kan. 268 , 362 P. 2d 27 ; American Fence Co. v. Gestes, 190 Kan. 393 , 375 P. 2d 775 ; and Blackburn v. Colvin, 191 Kan. 239 , 380 P. 2d 432 .) Lastly the appellant contends it was error to admit evidence concerning the revocation by the State Board of Healing Arts of his license to practice chiropractic through the testimony of Frederick E.

1972(Jocich v. Greyhound Cab Co., 188 Kan. 268 , 362 P. 2d 27 ; American Fence Co. v. Gestes, 190 Kan. 393 , 375 P. 2d 775 ; and Blackburn v. Colvin, 191 Kan. 239 , 380 P. 2d 432 .) Lastly the appellant contends it was error to admit evidence concerning the revocation by the State Board of Healing Arts of his license to practice chiropractic through the testimony of Frederick E.

11972–1972
State v. Sharp neutral
kan · 1953
2 sentences

1972In State v. Sharp, 174 Kan. 672, 675 , 258 P. 2d 306 , the court said: “. . . the words recent’ and ‘exclusive’ are relative terms, and the contention for a literal application of their definitions cannot be sustained. . . .” In the instant case the burglary was shown to have occurred on the night of January 29, or the early morning of January 30.

1972In State v. Sharp, 174 Kan. 672, 675 , 258 P. 2d 306 , the court said: “. . . the words recent’ and ‘exclusive’ are relative terms, and the contention for a literal application of their definitions cannot be sustained. . . .” In the instant case the burglary was shown to have occurred on the night of January 29, or the early morning of January 30.

11972–1972
Jocich v. Greyhound Cab Co. neutral
kan · 1961
2 sentences

1972(Jocich v. Greyhound Cab Co., 188 Kan. 268 , 362 P. 2d 27 ; American Fence Co. v. Gestes, 190 Kan. 393 , 375 P. 2d 775 ; and Blackburn v. Colvin, 191 Kan. 239 , 380 P. 2d 432 .) Lastly the appellant contends it was error to admit evidence concerning the revocation by the State Board of Healing Arts of his license to practice chiropractic through the testimony of Frederick E.

1972(Jocich v. Greyhound Cab Co., 188 Kan. 268 , 362 P. 2d 27 ; American Fence Co. v. Gestes, 190 Kan. 393 , 375 P. 2d 775 ; and Blackburn v. Colvin, 191 Kan. 239 , 380 P. 2d 432 .) Lastly the appellant contends it was error to admit evidence concerning the revocation by the State Board of Healing Arts of his license to practice chiropractic through the testimony of Frederick E.

11972–1972
Blackburn v. Colvin green
kan · 1963
2 sentences

1972(Jocich v. Greyhound Cab Co., 188 Kan. 268 , 362 P. 2d 27 ; American Fence Co. v. Gestes, 190 Kan. 393 , 375 P. 2d 775 ; and Blackburn v. Colvin, 191 Kan. 239 , 380 P. 2d 432 .) Lastly the appellant contends it was error to admit evidence concerning the revocation by the State Board of Healing Arts of his license to practice chiropractic through the testimony of Frederick E.

1972(Jocich v. Greyhound Cab Co., 188 Kan. 268 , 362 P. 2d 27 ; American Fence Co. v. Gestes, 190 Kan. 393 , 375 P. 2d 775 ; and Blackburn v. Colvin, 191 Kan. 239 , 380 P. 2d 432 .) Lastly the appellant contends it was error to admit evidence concerning the revocation by the State Board of Healing Arts of his license to practice chiropractic through the testimony of Frederick E.

11972–1972
State v. Shannon green
kan · 1965
2 sentences

1968The instruction is compared with that given in State v. Shannon, 194 Kan. 258 , 398 P. 2d 344 , cert. den. 382 U. S. 881 , 15 L.

1968The instruction is compared with that given in State v. Shannon, 194 Kan. 258 , 398 P. 2d 344 , cert. den. 382 U. S. 881 , 15 L.

11968–1968
Evans v. United States green
scotus · 1965
1 sentence

1968The instruction is compared with that given in State v. Shannon, 194 Kan. 258 , 398 P. 2d 344 , cert. den. 382 U. S. 881 , 15 L.

11968–1968
State v. Winchester green
kan · 1949
2 sentences

1966Relying upon State v. Winchester, 166 Kan. 512 , 203 P. 2d 229 , the appellant argues that this action on the part of the trial court was prejudicial to his substantial rights.

1966Relying upon State v. Winchester, 166 Kan. 512 , 203 P. 2d 229 , the appellant argues that this action on the part of the trial court was prejudicial to his substantial rights.

11966–1966
Jones v. Joplin & Pittsburg Railway Co. neutral
kan · 1914
2 sentences

1932The instruction is as follows: “You are instructed that where a person is found dead or killed through, by and on account of the negligence of another the law presumes, if there was no eyewitness to the casualty, that such person so found dead or killed had exercised due care for his own protection.” This instruction is not in accordance with the rule laid down by this court in the case of Jones v. Railway Co., 91 Kan. 282 , 137 Pac. 796 .

1932The instruction is as follows: “You are instructed that where a person is found dead or killed through, by and on account of the negligence of another the law presumes, if there was no eyewitness to the casualty, that such person so found dead or killed had exercised due care for his own protection.” This instruction is not in accordance with the rule laid down by this court in the case of Jones v. Railway Co., 91 Kan. 282 , 137 Pac. 796 .

11932–1932
Cowgill v. Evans neutral
kan · 1910
1 sentence

1913A conflict of authority with regard to the admissibility of such evidence is noted in Plowman v. Nicholson, 81 Kan. 210, 215, 216 , 105 Pac. 692 , 106 Pac. 279 , where citations are made.

11913–1913

Where else courts name it

NY 14 (1888–2016) TX 11 (1914–2007) KS 10 (1913–1977) CA 9 (1919–1961) AL 8 (1978–1995) MD 6 (1949–1976) MO 5 (1959–1979) LA 5 (1961–1993) IN 5 (1952–1970) KY 4 (1944–1992) FL 4 (1968–1982) TN 4 (1986–2000) PA 3 (1930–1990) IA 3 (1914–1938) OH 3 (1984–2000) NE 3 (1916–1989) MS 2 (1955–1986) WA 2 (1914–1920) WV 2 (1962–1981) AZ 2 (1925–1974) GA 2 (1974–1981) AR 2 (1933–1993) ID 2 (1974–1976) OK 2 (1982–1985)

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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