60-413.
Definition.
A presumption is an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established in the action.
History:
L. 1963, ch. 303, 60-413; January 1, 1964.
CASE ANNOTATIONS
1. Mentioned; party must overcome presumption of execution of mortgages by clear and convincing evidence; judgment affirmed. McMurray v. Crawford, 3 Kan. App. 2d 329, 333, 594 P.2d 1109.
2. Court presumed that law enforcement officer acts properly in amount and type of force used unless presumption overcome by clear and convincing evidence. Dauffenbach v. City of Wichita, 233 Kan. 1028, 1034, 667 P.2d 380 (1983).
3. Possession of stock certificates held to give rise to rebuttable presumption of ownership. Leek v. The Alliance Fund, Inc., 15 Kan. App. 2d 250, 253, 806 P.2d 491 (1991).
4. Whether evidence including identification by canine is sufficient to find defendant guilty examined. State v. Rhoads, 20 Kan. App. 2d 790, 795, 892 P.2d 918 (1995).
5. Presumption that respondent should be tried as an adult rebutted by substantial evidence. In re J.D.J., 266 Kan. 211, 217, 967 P.2d 751 (1998).
Dauffenbach v. City of Wichita, 667 P.2d 380 (Kan. 1983). · cites it 2ד" K.S.A. 60-413. "Subject to K.S.A. 60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, ( a ) if the facts from which the presumption is derived have any probative value as evidence of the existence of the…”
Cresto v. Cresto, 358 P.3d 831 (Kan. 2015). “Moreover, K.S.A. 60-413 provides, in relevant part, that a “presumption is an assumption of fact resulting from a rule of law which requires such fact to be' assumed from another fact.”
State v. Holder, 502 P.3d 1039 (Kan. 2022). “60-2101(b) (Supreme Court has jurisdiction to review Court of Appeals decisions upon petition for review).”
State v. Clemons, 836 P.2d 1147 (Kan. 1992). “K.S.A. 60-413. Under the criminal law, a presumption is only a permissive inference, leaving the trier of fact free to consider or reject it.”
State v. Rhoads, 892 P.2d 918 (Kan. Ct. App. 1995). “K.S.A. 60-413. In the criminal law, a presumption may not rest on presumptions or inferences on inferences.”
McMurray v. Crawford, 594 P.2d 1109 (Kan. Ct. App. 1979). “” K.S.A. 60-413. “Subject to K.S.A. 60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (a) if the facts from which the presumption is derived have any probative value as evidence of the existence of the presumed…”
In re G.M.A., 43 P.3d 881 (Kan. Ct. App. 2002). · cites it 2דThe court went on to find that K.S.A. 60-413 provides the definition of a presumption and K.”
Cavlovic v. Officers of the Supreme Legislative Body of Saint Joseph Nat'l Croatian Beneficiary Ass'n, 232 P. 598 (Kan. 1925). · cites it 8דThe plaintiffs cite section 60-413 of the Revised Statutes which reads : “When the question is one of common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend…”
Locks v. Boeing Co., 864 P.2d 738 (Kan. Ct. App. 1993). “K.S.A. 60-413 states that a presumption is an assumption of fact resulting from a rule of law.”
State v. Ballard, 566 P.3d 1092 (Kan. 2025). “See K.S.A. 60-413 ("A presumption is an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established in the action.”
Betts v. Easley, 169 P.2d 831 (Kan. 1946). · cites it 2דThey bring the action in their own behalf and — under the authority of section 60-413, G. S. 1935 — in behalf of and for the benefit of the other one hundred or more Negro employees similarly situated.”
Leek v. All. Fund, Inc., 806 P.2d 491 (Kan. Ct. App. 1991). “The Fund presented no affirmative evidence from its corporate books or records demonstrating that there had been cancellation or transfer of certificates held by the trust.”
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