term rule (Kansas) · Go Syfert
← Kansas issues

term rule in Kansas

8 Kansas opinions name it 2 courts 1952–2022 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 (2)

CaseFollowedCited
State ex rel. Hill v. Henschelgreen
kan · 1918 · cited in 2 Kansas opinions naming this issue, 1967–2001
2 sentences

2001See State, ex rel., v. Henschel, 103 Kan. 511, 512 , 175 Pac. 393 (1918) (applying prior term rule to reverse trial court’s order removing chief of police from office for misconduct which occurred in previous term).

2001See State, ex rel., v. Henschel, 103 Kan. 511, 512 , 175 Pac. 393 (1918) (applying prior term rule to reverse trial court’s order removing chief of police from office for misconduct which occurred in previous term).

12
In Re Inquiry Relating to Romegreen
kan · 1975 · cited in 1 Kansas opinions naming this issue, 2001–2001
2 sentences

2001See In re Rome, 218 Kan. 198, 203-04 , 542 P.2d 676 (1975) (refusing to apply the prior term rule to judge because of his role in the judicial system); Schroeder, 199 Kan. at 414 (re *391 fusing to apply prior term rule where county commissioner “stoutly denied” any wrongdoing from acts occurring in his first term); State, ex rel, v. Harvey, 148 Kan. 166, 172 , 80 P.2d 1095 (1938) (county clerk had continuing duty to make restitution for missing funds which precluded application of the prior term rule).

2001See In re Rome, 218 Kan. 198, 203-04 , 542 P.2d 676 (1975) (refusing to apply the prior term rule to judge because of his role in the judicial system); Schroeder, 199 Kan. at 414 (re *391 fusing to apply prior term rule where county commissioner “stoutly denied” any wrongdoing from acts occurring in his first term); State, ex rel, v. Harvey, 148 Kan. 166, 172 , 80 P.2d 1095 (1938) (county clerk had continuing duty to make restitution for missing funds which precluded application of the prior term rule).

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 (9)

CaseCitedYears
State ex rel. Beck v. Harvey neutral
kan · 1938
2 sentences

2001See In re Rome, 218 Kan. 198, 203-04 , 542 P.2d 676 (1975) (refusing to apply the prior term rule to judge because of his role in the judicial system); Schroeder, 199 Kan. at 414 (re *391 fusing to apply prior term rule where county commissioner “stoutly denied” any wrongdoing from acts occurring in his first term); State, ex rel, v. Harvey, 148 Kan. 166, 172 , 80 P.2d 1095 (1938) (county clerk had continuing duty to make restitution for missing funds which precluded application of the prior term rule).

2001See In re Rome, 218 Kan. 198, 203-04 , 542 P.2d 676 (1975) (refusing to apply the prior term rule to judge because of his role in the judicial system); Schroeder, 199 Kan. at 414 (re *391 fusing to apply prior term rule where county commissioner “stoutly denied” any wrongdoing from acts occurring in his first term); State, ex rel, v. Harvey, 148 Kan. 166, 172 , 80 P.2d 1095 (1938) (county clerk had continuing duty to make restitution for missing funds which precluded application of the prior term rule).

21967–2001
In re the Marriage of Hedrick green
kanctapp · 1996
1 sentence

2022App. 2d 964 , 911 P.2d 192 (1996)—a case involving a separation agreement containing the term material change in circumstances—other panels of this court have mistakenly used the term as a test when considering maintenance modification disputes controlled by K.S.A. 2020 Supp. 23-2903.

12022–2022
State v. Royal green
kan · 1983
2 sentences

2020He cites State v. Royal, 234 Kan. 218 , 670 P.2d 1337 (1983), to support his claim.

2020He cites State v. Royal, 234 Kan. 218 , 670 P.2d 1337 (1983), to support his claim.

12020–2020
State Ex Rel. Londerholm v. Schroeder neutral
kan · 1967
2 sentences

2001In State, ex rel., v. Schroeder, 199 Kan. 403, 414 , 430 P.2d 315 (1967), this court discussed the rationale behind the prior term rule, stating: “[T]he principal rationale of the rule is that reelection or reappointment of the officer amounts to condonation of his prior misconduct.

2001In State, ex rel., v. Schroeder, 199 Kan. 403, 414 , 430 P.2d 315 (1967), this court discussed the rationale behind the prior term rule, stating: “[T]he principal rationale of the rule is that reelection or reappointment of the officer amounts to condonation of his prior misconduct.

12001–2001
Tate v. Stanolind Oil & Gas Co. green
kan · 1952
2 sentences

1976Cir. 1931].) The Supreme Court of Kansas in Tate v. Stanolind Oil & Gas *312 Co., 172 Kan. 351 , 240 P. 2d 465 , was confronted with a drilling clause in an oil and gas lease using the expression “found in paying quantities” and a habendum clause designed to continue the lease beyond the primary term, where oil or gas was found in paying quantities, for a secondary term “as long thereafter'as oil or gas, or either of them is produced from said land.” The court there found it necessary to construe the ambiguity between the habendum (the term clause) and the drilling clause of the oil and gas le

1976Cir. 1931].) The Supreme Court of Kansas in Tate v. Stanolind Oil & Gas *312 Co., 172 Kan. 351 , 240 P. 2d 465 , was confronted with a drilling clause in an oil and gas lease using the expression “found in paying quantities” and a habendum clause designed to continue the lease beyond the primary term, where oil or gas was found in paying quantities, for a secondary term “as long thereafter'as oil or gas, or either of them is produced from said land.” The court there found it necessary to construe the ambiguity between the habendum (the term clause) and the drilling clause of the oil and gas le

11976–1976
Brown v. Southall Realty Company green
dc · 1968
2 sentences

1974Brown v. Southall Realty Co., 237 A.2d 834 (D.C.

1974Brown v. Southall Realty Co., 237 A. 2d 834 (D.

11974–1974
State v. Spohr green
kan · 1951
2 sentences

1967From our consideration of the instructions as a whole, as such is required on appellate review (see State v. Spohr, 171 Kan. 129 , 230 P. 2d 1013 , West’s Kansas Digest, Criminal Law, §822; Hatcher’s Kansas Digest, Criminal Law, §295), we find them to be sufficient.

1967From our consideration of the instructions as a whole, as such is required on appellate review (see State v. Spohr, 171 Kan. 129 , 230 P. 2d 1013 , West’s Kansas Digest, Criminal Law, §822; Hatcher’s Kansas Digest, Criminal Law, §295), we find them to be sufficient.

11967–1967
Federal Savings & Loan Insurance v. Urschel green
kan · 1945
2 sentences

1952Corp. v. Urschel, 159 Kan. 674, 678 , 157 P. 2d 805 ; Jerecki Manufacturing Co. v. Shields, 169 Kan. 640, 642 , 220 P. 2d 144 .) Appellant argues the district court erred in changing that part of the journal entry which pertained to the claim of the son after the term in which that claim was dismissed.

1952Corp. v. Urschel, 159 Kan. 674, 678 , 157 P. 2d 805 ; Jerecki Manufacturing Co. v. Shields, 169 Kan. 640, 642 , 220 P. 2d 144 .) Appellant argues the district court erred in changing that part of the journal entry which pertained to the claim of the son after the term in which that claim was dismissed.

11952–1952
Jerecki Manufacturing Co. v. Shields neutral
kan · 1950
2 sentences

1952Corp. v. Urschel, 159 Kan. 674, 678 , 157 P. 2d 805 ; Jerecki Manufacturing Co. v. Shields, 169 Kan. 640, 642 , 220 P. 2d 144 .) Appellant argues the district court erred in changing that part of the journal entry which pertained to the claim of the son after the term in which that claim was dismissed.

1952Corp. v. Urschel, 159 Kan. 674, 678 , 157 P. 2d 805 ; Jerecki Manufacturing Co. v. Shields, 169 Kan. 640, 642 , 220 P. 2d 144 .) Appellant argues the district court erred in changing that part of the journal entry which pertained to the claim of the son after the term in which that claim was dismissed.

11952–1952

Where else courts name it

CA 66 (1865–2026) NY 25 (1901–2025) IL 24 (1907–2026) MO 22 (1892–2022) TX 22 (1911–2024) WI 19 (1988–2026) CT 13 (1972–2015) MA 13 (1973–2018) OH 12 (1943–2025) WY 11 (1971–2023) PA 9 (1930–2015) WA 9 (1893–2017) FL 9 (1939–2017) MD 8 (1977–2024) KS 8 (1952–2022) GA 7 (1913–2007) IN 7 (1881–2005) OR 7 (1954–2016) KY 7 (1961–2023) NC 6 (1957–2023) NH 5 (2006–2016) MI 4 (1942–2010) ME 4 (1960–2025) NM 4 (1998–2020) DC 4 (2012–2024) IA 4 (1972–2000) AR 3 (1941–2002) NE 3 (1952–1992) OK 3 (1926–1938) HI 3 (1899–2016) WV 3 (1926–2012) MS 3 (1881–2020) NV 2 (2002–2002) AK 2 (1981–1989) LA 2 (1979–2011) TN 2 (1946–1979) ID 2 (1976–1991) CO 2 (2012–2016) AL 2 (1911–1990)

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.

← Caselaw search · G Cite Topics · Brief Check