strength presumption in Kansas

2022Cf. Fish v. Behers, 559 Pa. 523, 528 , 741 A.2d 721 (1999) (finding that policy underlying this same presumption of paternity is preservation of marriages, and that presumption applies only when that underlying policy would be advanced by application of presumption.) To the contrary, the plain language of our statute contradicts any conditionality of this presumption, stating, "[a] man is presumed to be the father of a child if . . . [t]he man and the child's mother are, or have been, married to each other and the child is born during the marriage[.]" (Emphasis added.) K.S.A. 2020 Supp. 23-220

2022Cf. Fish v. Behers, 559 Pa. 523, 528 , 741 A.2d 721 (1999) (finding that policy underlying this same presumption of paternity is preservation of marriages, and that presumption applies only when that underlying policy would be advanced by application of presumption.) To the contrary, the plain language of our statute contradicts any conditionality of this presumption, stating, "[a] man is presumed to be the father of a child if . . . [t]he man and the child's mother are, or have been, married to each other and the child is born during the marriage[.]" (Emphasis added.) K.S.A. 2020 Supp. 23-220

1985The execution and delivery of an oil and gas lease does not insure that there will ever be any production attributable to the lease.” Cosgrove, 230 Kan. at 715 .

1985The execution and delivery of an oil and gas lease does not insure that there will ever be any production attributable to the lease." Cosgrove, 230 Kan. at 715 .

1911The supreme court of Missouri, in the decision already referred to (Louisiana National Bank of New Orleans v. Laveille, et al., 52 Mo. 380 ), approved and followed the authorities and the general reasoning upon the strength of which the doctrine has been established in many jurisdictions that a carrier is not liable upon a bill of lading, even to an innocent purchaser, unless the goods it describes have actually been delivered — authorities and reasoning which this court has found not persuasive.

1908(See, in this connection, Railway Co. v. Green, 75 Kan. 504 , 89 Pac. 1042 .) An argument is also made that the plaintiff ought not to recover on the strength of no warning having been given him, inasmuch as his own testimony showed that he understood the salt might fall at any time and thought he was far enough away to be safe, and that he heard the noise of White’s pick as he resumed work and was by that means notified of the probable fall.

1908(See, in this connection, Railway Co. v. Green, 75 Kan. 504 , 89 Pac. 1042 .) An argument is also made that the plaintiff ought not to recover on the strength of no warning having been given him, inasmuch as his own testimony showed that he understood the salt might fall at any time and thought he was far enough away to be safe, and that he heard the noise of White’s pick as he resumed work and was by that means notified of the probable fall.

1892The strength of this principle of estoppel has been held sufficient to overcome jurisdictional defects in proceedings of this kind, as in the case of Prettyman v. Tazewell Co., 19 Ill. 406 , where it was alleged that the petition did not contain the requisite number of signatures, and there was not a majority of legal voters in favor of the proposition.