somewhat similar claim (Kansas) · Go Syfert
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somewhat similar claim in Kansas

6 Kansas opinions name it 1 courts 1912–2024 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 (1)

CaseFollowedCited
Holton v. Holtongreen
kan · 1952 · cited in 1 Kansas opinions naming this issue, 1959–1959
2 sentences

1959See, also, Holton v. Holton, 172 Kan. 681 (Syl. ¶ 2), 243 P. 2d 222 .

1959See, also, Holton v. Holton, 172 Kan. 681 (Syl. ¶ 2), 243 P. 2d 222 .

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 (6)

CaseCitedYears
– State v. Smith – green
kan · 2020
1 sentence

2024In State v. Smith, 311 Kan. 109 , 456 P.3d 1004 (2020), the court rejected a somewhat similar claim when the defendant pled guilty to refusing to submit to an alcohol or drug test and driving while a habitual violator.

12024–2024
Hendrix v. Phillips Petroleum Co. green
kan · 1969
2 sentences

1976We considered a somewhat similar claim in Hendrix v. Phillips Petroleum Co., 203 Kan. 140 , 453 P.2d 486 .

1976We considered a somewhat similar claim in Hendrix v. Phillips Petroleum Co., 203 Kan. 140 , 453 P.2d 486 .

11976–1976
In Re Estate of Jones neutral
kan · 1953
2 sentences

1959The other appears in In re Estate of Jones, 174 Kan. 506 , 257 P. 2d 116 , where, in disposing of a somewhat similar claim with respect to error in admission of evidence (see pages 514 and 515 of the opinion), it is held that when it does not affirmatively appear that a question raised on appeal was presented to and determined by the trial court, this court does not consider it on review.

1959The other appears in In re Estate of Jones, 174 Kan. 506 , 257 P. 2d 116 , where, in disposing of a somewhat similar claim with respect to error in admission of evidence (see pages 514 and 515 of the opinion), it is held that when it does not affirmatively appear that a question raised on appeal was presented to and determined by the trial court, this court does not consider it on review.

11959–1959
Smith v. Gore green
kan · 1880
1 sentence

1954A somewhat similar claim was raised in' Smith v. Gore, 23 Kan. 488 , where it was held: “Where a person sells his homestead and does not at the time have any intention of rising the proceeds thereof in purchasing another homestead, and has no intention of purchasing another homestead immediately with any funds, such proceeds are not exempt from the payment of his debts.

11954–1954
Miller v. Bennett green
va · 1949
2 sentences

1953Some of the last mentioned cases are reviewed by appellee but especial attention is given to Miller v. Bennett, 190 Va. 162 , 56 S.E.2d 217 , 21 A.L.R.2d 364 , from which extensive quotation is made.

1953Some of the last mentioned cases are reviewed by appellee but especial attention is given to Miller v. Bennett, 190 Va. 162 , 56 S.E.2d 217 , 21 A.L.R.2d 364 , from which extensive quotation is made.

11953–1953
Blodgett v. Yocum neutral
kan · 1909
2 sentences

1912Complaint is made of the eighth instruction, in which the jury were charged that in determining whether Lucy A. Putifer had sufficient mental capacity to execute the deeds in controversy or whether she was acting as the result of undue influence, they had a right to take into consideration her physical and mental condition, her relations to her children and the grantees in the deeds, “the nature of the transaction of executing said deeds, the reasonableness or unreasonableness of such deeds, and every other fact and circumstánce in evidence touching upon the question.” In Blodgett v. Yocum, 80

1912Complaint is made of the eighth instruction, in which the jury were charged that in determining whether Lucy A. Putifer had sufficient mental capacity to execute the deeds in controversy or whether she was acting as the result of undue influence, they had a right to take into consideration her physical and mental condition, her relations to her children and the grantees in the deeds, “the nature of the transaction of executing said deeds, the reasonableness or unreasonableness of such deeds, and every other fact and circumstánce in evidence touching upon the question.” In Blodgett v. Yocum, 80

11912–1912

Where else courts name it

CA 28 (1906–2023) IL 17 (1901–1991) NY 17 (1895–1989) IA 13 (1902–1982) MO 10 (1867–2022) AR 10 (1931–2017) TX 9 (1932–2000) CT 7 (1935–2017) WA 7 (1932–2018) WV 6 (1921–1988) KS 6 (1912–2024) MI 6 (1895–2004) MS 6 (1951–2002) MD 5 (1910–2013) MA 4 (1929–1994) PA 4 (1928–1983) KY 4 (1938–2025) IN 4 (1903–1999) WI 4 (1903–2000) ID 4 (1912–1945) AZ 4 (1886–1953) SC 3 (1871–2020) MN 3 (1906–1921) FL 3 (1933–2009) GU 3 (2022–2023) GA 3 (1894–1928) MT 3 (1935–2005) OR 3 (1927–1971) DC 3 (1893–1996) CO 2 (1911–1961) LA 2 (1958–1975) OK 2 (1912–1912) UT 2 (1951–1987) NH 2 (1869–1944) AL 2 (1936–1939)

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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