surrounded presumption (Kansas) · Go Syfert
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surrounded presumption in Kansas

6 Kansas opinions name it 2 courts 1965–1997 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Kansas.

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
Tri-State Hotel Co. v. Londerholm green
kan · 1965
2 sentences

1997In Tri-State Hotel Co. v. Londerholm, 195 Kan. 748, 760 , 408 P.2d 877 (1965), the court stated: “This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

1994The longstanding, well-established, and often-cited rules that govern an appellate court’s review of the constitutionality of a statute are set forth in Tri-State Hotel Co. v. Londerholm, 195 Kan. 748, 760 , 408 P.2d 877 (1965): “This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

51974–1997
Pinkerton v. Schwiethale green
kan · 1972
2 sentences

1974(City of Colby v. Hurtt, 212 Kan. 113 , 509 P. 2d 1142 ; City of Lyons v. Suttle, 209 Kan. 735 , 498 P. 2d 9 ; Pinkerton v. Schwiethale, 208 Kan. 596 , 493 P. 2d 200 .) The rules governing the supreme court in applying this test were considered in Tri-State Hotel Co. v. Londerholm, 195 Kan. 748 , 408 P. 2d 877 , wherein we stated: “ ‘This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

1974(City of Colby v. Hurtt, 212 Kan. 113 , 509 P. 2d 1142 ; City of Lyons v. Suttle, 209 Kan. 735 , 498 P. 2d 9 ; Pinkerton v. Schwiethale, 208 Kan. 596 , 493 P. 2d 200 .) The rules governing the supreme court in applying this test were considered in Tri-State Hotel Co. v. Londerholm, 195 Kan. 748 , 408 P. 2d 877 , wherein we stated: “ ‘This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

11974–1974
City of Colby v. Hurtt green
kan · 1973
2 sentences

1974(City of Colby v. Hurtt, 212 Kan. 113 , 509 P. 2d 1142 ; City of Lyons v. Suttle, 209 Kan. 735 , 498 P. 2d 9 ; Pinkerton v. Schwiethale, 208 Kan. 596 , 493 P. 2d 200 .) The rules governing the supreme court in applying this test were considered in Tri-State Hotel Co. v. Londerholm, 195 Kan. 748 , 408 P. 2d 877 , wherein we stated: “ ‘This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

1974(City of Colby v. Hurtt, 212 Kan. 113 , 509 P. 2d 1142 ; City of Lyons v. Suttle, 209 Kan. 735 , 498 P. 2d 9 ; Pinkerton v. Schwiethale, 208 Kan. 596 , 493 P. 2d 200 .) The rules governing the supreme court in applying this test were considered in Tri-State Hotel Co. v. Londerholm, 195 Kan. 748 , 408 P. 2d 877 , wherein we stated: “ ‘This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

11974–1974
City of Lyons v. Suttle green
kan · 1972
2 sentences

1974(City of Colby v. Hurtt, 212 Kan. 113 , 509 P. 2d 1142 ; City of Lyons v. Suttle, 209 Kan. 735 , 498 P. 2d 9 ; Pinkerton v. Schwiethale, 208 Kan. 596 , 493 P. 2d 200 .) The rules governing the supreme court in applying this test were considered in Tri-State Hotel Co. v. Londerholm, 195 Kan. 748 , 408 P. 2d 877 , wherein we stated: “ ‘This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

1974(City of Colby v. Hurtt, 212 Kan. 113 , 509 P. 2d 1142 ; City of Lyons v. Suttle, 209 Kan. 735 , 498 P. 2d 9 ; Pinkerton v. Schwiethale, 208 Kan. 596 , 493 P. 2d 200 .) The rules governing the supreme court in applying this test were considered in Tri-State Hotel Co. v. Londerholm, 195 Kan. 748 , 408 P. 2d 877 , wherein we stated: “ ‘This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

11974–1974
Winters v. Myers green
kan · 1914
2 sentences

1965(Winters v. Myers, 92 Kan. 414, 421 , 140 Pac. 1033 ; State v. Wilson, 101 Kan. 789, 796 , *760 168 Pac. 679 ; Chamberlain v. Railway Co., 107 Kan. 341, 344 , 191 Pac. 261 ; Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 229 , 214 Pac. 797 ; Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 828 , 316 P. 2d 277 .) This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

1965(Winters v. Myers, 92 Kan. 414, 421 , 140 Pac. 1033 ; State v. Wilson, 101 Kan. 789, 796 , *760 168 Pac. 679 ; Chamberlain v. Railway Co., 107 Kan. 341, 344 , 191 Pac. 261 ; Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 229 , 214 Pac. 797 ; Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 828 , 316 P. 2d 277 .) This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

11965–1965
Chamberlain v. Missouri Pacific Railway Co. neutral
kan · 1920
2 sentences

1965(Winters v. Myers, 92 Kan. 414, 421 , 140 Pac. 1033 ; State v. Wilson, 101 Kan. 789, 796 , *760 168 Pac. 679 ; Chamberlain v. Railway Co., 107 Kan. 341, 344 , 191 Pac. 261 ; Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 229 , 214 Pac. 797 ; Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 828 , 316 P. 2d 277 .) This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

1965(Winters v. Myers, 92 Kan. 414, 421 , 140 Pac. 1033 ; State v. Wilson, 101 Kan. 789, 796 , *760 168 Pac. 679 ; Chamberlain v. Railway Co., 107 Kan. 341, 344 , 191 Pac. 261 ; Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 229 , 214 Pac. 797 ; Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 828 , 316 P. 2d 277 .) This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

11965–1965
State v. Wilson green
kan · 1917
2 sentences

1965(Winters v. Myers, 92 Kan. 414, 421 , 140 Pac. 1033 ; State v. Wilson, 101 Kan. 789, 796 , *760 168 Pac. 679 ; Chamberlain v. Railway Co., 107 Kan. 341, 344 , 191 Pac. 261 ; Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 229 , 214 Pac. 797 ; Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 828 , 316 P. 2d 277 .) This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

1965(Winters v. Myers, 92 Kan. 414, 421 , 140 Pac. 1033 ; State v. Wilson, 101 Kan. 789, 796 , *760 168 Pac. 679 ; Chamberlain v. Railway Co., 107 Kan. 341, 344 , 191 Pac. 261 ; Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 229 , 214 Pac. 797 ; Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 828 , 316 P. 2d 277 .) This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

11965–1965
Wichita Railroad & Light Co. v. Court of Industrial Relations neutral
kan · 1923
2 sentences

1965(Winters v. Myers, 92 Kan. 414, 421 , 140 Pac. 1033 ; State v. Wilson, 101 Kan. 789, 796 , *760 168 Pac. 679 ; Chamberlain v. Railway Co., 107 Kan. 341, 344 , 191 Pac. 261 ; Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 229 , 214 Pac. 797 ; Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 828 , 316 P. 2d 277 .) This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

1965(Winters v. Myers, 92 Kan. 414, 421 , 140 Pac. 1033 ; State v. Wilson, 101 Kan. 789, 796 , *760 168 Pac. 679 ; Chamberlain v. Railway Co., 107 Kan. 341, 344 , 191 Pac. 261 ; Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 229 , 214 Pac. 797 ; Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 828 , 316 P. 2d 277 .) This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

11965–1965
Central Kansas Power Co. v. State Corporation Comm. green
kan · 1957
2 sentences

1965(Winters v. Myers, 92 Kan. 414, 421 , 140 Pac. 1033 ; State v. Wilson, 101 Kan. 789, 796 , *760 168 Pac. 679 ; Chamberlain v. Railway Co., 107 Kan. 341, 344 , 191 Pac. 261 ; Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 229 , 214 Pac. 797 ; Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 828 , 316 P. 2d 277 .) This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

1965(Winters v. Myers, 92 Kan. 414, 421 , 140 Pac. 1033 ; State v. Wilson, 101 Kan. 789, 796 , *760 168 Pac. 679 ; Chamberlain v. Railway Co., 107 Kan. 341, 344 , 191 Pac. 261 ; Railroad and Light Co. v. Court of Industrial Relations, 113 Kan. 217, 229 , 214 Pac. 797 ; Central Kansas Power Co. v. State Corporation Commission, 181 Kan. 817, 828 , 316 P. 2d 277 .) This court is by the Constitution not made the critic of the legislature, but rather, the guardian of the Constitution; and every legislative act comes before this court surrounded with the presumption of constitutionality.

11965–1965

Statutes the citing opinions construe

KS § K.S.A. § 44-501 (4) KS § K.S.A. § 44-510b (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

KS 6 (1965–1997) NM 3 (1953–1966) NE 3 (1932–1977)

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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