statute makes exception (Kansas) · Go Syfert
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statute makes exception in Kansas

8 Kansas opinions name it 2 courts 1895–2003 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 (1)

CaseFollowedCited
Bardwell v. Kestergreen
kanctapp · 1991 · cited in 1 Kansas opinions naming this issue, 1995–1995
1 sentence

1995This court has noted: “Black’s Law Dictionary 1427 (6th ed. rev. 1990) defines ‘subrogation’ as ‘[t]he substitution of one person in the place of another with reference to a lawful claim, demand or right, so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities.’ ” Bardwell, 15 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 (8)

CaseCitedYears
Howard v. Edwards neutral
kanctapp · 1984
1 sentence

2003Allstate argues Howard v. Edwards, 9 Kan.

12003–2003
Ballweg v. Farmers Insurance green
kan · 1980
1 sentence

1995In Ballweg , the court awarded attorney fees to the plaintiff’s attorneys and noted that “[s]ection (e) of the statute makes no exception when one insurance company represents all parties.” 228 Kan. at 510 .

11995–1995
Rankin v. West American Insurance green
calctapp · 1978
1 sentence

1990“It is futile for [insurer and employer] to argue their intent, or to point to provisions in the [employer’s] policy which are inconsistent with uninsured motorist coverage.” 84 Cal. App. 3d at 836 .

11990–1990
Harris v. Shanahan neutral
kan · 1964
2 sentences

1969(Harris v. Shanahan, 192 Kan. 629 , 390 P. 2d 772 .) Although the statute makes no exception to annual crops on the homestead at the date of death, a cursory examination of other statutes in the probate code fortifies our conclusion that growing crops are beyond the reach of the decedent’s personal representative and are not within the purview of the statute.

1969(Harris v. Shanahan, 192 Kan. 629 , 390 P. 2d 772 .) Although the statute makes no exception to annual crops on the homestead at the date of death, a cursory examination of other statutes in the probate code fortifies our conclusion that growing crops are beyond the reach of the decedent’s personal representative and are not within the purview of the statute.

11969–1969
Levitt v. City of Wilson green
kan · 1905
2 sentences

1954Another is that the statute makes no requirement that the territory in the proposed city be limited to platted lands, and this court has so held (Levitt v. Wilson, 72 Kan. 160 , 83 Pac. 397 ).

1954Another is that the statute makes no requirement that the territory in the proposed city be limited to platted lands, and this court has so held (Levitt v. Wilson, 72 Kan. 160 , 83 Pac. 397 ).

11954–1954
Crane v. Trent green
kan · 1944
2 sentences

1949They argue that the statute makes hearing the testatrix acknowledge her signature or that it is her will the only substitute for seeing her sign; that the use of the word “hear” in the statute can only mean the use of one’s vocal cords in speaking words, and our attention is directed to language contained in the quite recent case of In re Estate of Bond, 159 Kan. 249 , 153 P. 2d 912 , where it was said: . .

1949They argue that the statute makes hearing the testatrix acknowledge her signature or that it is her will the only substitute for seeing her sign; that the use of the word “hear” in the statute can only mean the use of one’s vocal cords in speaking words, and our attention is directed to language contained in the quite recent case of In re Estate of Bond, 159 Kan. 249 , 153 P. 2d 912 , where it was said: . .

11949–1949
Simington v. Cubberly neutral
kan · 1931
2 sentences

1932The statute makes no such exception, and in at least one case in which the statute was applied the receiver from another state was a party {Simington v. Cubberly, 132 Kan. 199, 203 , 294 Pac. 908 ).

1932The statute makes no such exception, and in at least one case in which the statute was applied the receiver from another state was a party {Simington v. Cubberly, 132 Kan. 199, 203 , 294 Pac. 908 ).

11932–1932
Rannells v. Gerner green
· 1883
1 sentence

1895The rule under the statute makes this presumption conclusive in a case of an adjudication of lunacy, as was held by the supreme court in Rannalls v. Gerner, 80 Mo. 474 .

11895–1895

Where else courts name it

NY 17 (1911–2026) CA 10 (1892–2022) NC 9 (1904–2019) MO 9 (1893–2020) KS 8 (1895–2003) GA 6 (1898–2011) MD 5 (1947–2016) MI 5 (1888–2023) IN 5 (1984–2009) CO 5 (1915–2025) MT 4 (1909–1979) NE 4 (1891–1980) FL 4 (1983–2003) IL 4 (1924–2022) WA 3 (1911–1918) UT 3 (1972–2021) VA 3 (1996–1997) OK 3 (1914–2000) IA 3 (1895–1958) MN 3 (1984–1988) OR 3 (1937–1964) DE 3 (1921–1977) OH 2 (1943–2024) TX 2 (1945–1998) HI 2 (1889–2007) AL 2 (1941–1976) MS 2 (1961–2008) WI 2 (1866–1987) PA 2 (1923–1963) TN 2 (1925–1962)

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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