Herron v. Chappell

6 Citing cases

  1. Western Shale Products Co. v. City of Fort Scott

    266 P.2d 327 (Kan. 1954)   Cited 14 times
    In Western Shale Products Co. v. City of Fort Scott, 175 Kan. 643, 649, 265 P.2d 327 (1954), we find "`the more vital consideration has relation to the character of the power in exercise of which the demand originates.'"

    The statute has been applied in two cases. ( Holmes v. Kalbach, 173 Kan. 736, 252 P.2d 603; Herron v. Chappell, 174 Kan. 350, 255 P.2d 632.) It is true that in both of those cases the previous orders reviewed were in themselves appealable. They were orders on demurrers from which no appeal had been taken within two months after the rulings, as required by G.S. 1949, 60-3309, if an appeal were taken separately from such orders but an appeal to this court was timely perfected from a subsequent appealable order in each case. An appeal was likewise taken in time in the instant case from the order overruling plaintiff's demurrer to the city's cross petition.

  2. Jones v. Chubb

    216 F.2d 869 (10th Cir. 1954)   Cited 1 times

    It appears that the explosion occurred in the main part of the building. Siegrist v. Wheeler, 175 Kan. 11, 259 P.2d 223; Briggs v. Burk, 174 Kan. 440, 257 P.2d 164; Herron v. Chappeil, 174 Kan. 350, 255 P.2d 632; Perry v. City of Wichita, 174 Kan. 264, 255 P.2d 667; In re Hayden's Estate, 174 Kan. 140, 254 P.2d 813, 36 A.L.R.2d 1278; Tuggle v. Cathers, 174 Kan. 122, 254 P.2d 807; Cain v. Steely, 173 Kan. 866, 252 P.2d 909; Hammargren v. Montgomery Ward Co., 172 Kan. 484, 241 P.2d 1192; Fowler v. Mohl, 172 Kan. 423, 241 P.2d 517; Palmer v. Land Power Co., 172 Kan. 231, 239 P.2d 960; Adams v. Dennis, 171 Kan. 32, 229 P.2d 740; Fry v. Cadle, 171 Kan. 14, 229 P.2d 724; Roddy v. Hill Packing Co., 156 Kan. 706, 137 P.2d 215; Picou v. Kansas City Public Service Co., 156 Kan. 452, 134 P.2d 686; Boxberger v. Texas Co., 156 Kan. 471, 134 P.2d 644; Greiving v. La Plante, 156 Kan. 196, 131 P.2d 898; United States v. Blair, 10 Cir., 193 F.2d 557. The fire chief testified that the smoke in the building was of a color to indicate the presence of combustion gas.

  3. Caywood v. Board of County Commissioners

    200 Kan. 134 (Kan. 1967)   Cited 10 times
    In Caywood v. Board of County Commissioners, 200 Kan. 134, 434 P.2d 780, Mr. Justice Fromme summarized the Kansas cases, giving numerous examples of various uses of property which constituted a nuisance and other examples held not to constitute a nuisance.

    However, when a timely appeal is perfected after final judgment the fact that a ruling was made more than thirty (30) days [formerly two months] before filing of the notice of appeal does not prevent a subsequent review of the ruling. (See K.S.A. 60-2103 ( i) [formerly G.S. 1961 Supp. 60-3314 ( a)]; Herron v. Chappell, 174 Kan. 350, 255 P.2d 632; State Highway Commission v. Safeway Stores, 170 Kan. 545, 228 P.2d 208.) The cases which appellees cite to sustain their contention ( Schumacher v. Rausch, 190 Kan. 239, 372 P.2d 1005; Fields v. Anderson Cattle Co., 193 Kan. 569, 396 P.2d 284; Fields v. Blue Stem Feed Yards, 195 Kan. 167, 403 P.2d 796) relate to appeal and cross-appeal after a final judgment has been rendered and when a party attempts to cross-appeal out of time or attempts to take a second and separate appeal from a final judgment.

  4. Schindler v. Ross

    182 Kan. 277 (Kan. 1958)   Cited 6 times
    In Schindler, the appellant did not know she was being overpaid, and the court found that "where money has been paid and received through mutual mistake of fact, without fraud or misconduct on the part of him to whom the money was paid, interest does not begin to run and will not be allowed until the mistake has been discovered and demand for repayment made."

    This contention is not good. Since the enactment of the Laws of 1951, Chapter 350, Section 1, (now G.S. 1955 Supp., 60-3314a), an aggrieved party who perfects a timely appeal from an order overruling a motion for a new trial, based upon grounds recognized by 60-3001, supra, may have a review of prior rulings, including the judgment, of which he complains even though those rulings were made more than two months before the perfection of such appeal, provided that in his notice of appeal — as here — he gives notice he is appealing from such rulings. See Herron v. Chappell, 174 Kan. 350, 255 P.2d 632; Holmes v. Kalbach, 173 Kan. 736, 252 P.2d 603; Western Shale Products Co. v. City of Fort Scott, 175 Kan. 643, 266 P.2d 327. We therefore turn to questions raised by appellant with respect to matters specified in her notice of appeal.

  5. Foster v. Humburg

    180 Kan. 64 (Kan. 1956)   Cited 43 times

    An aggrieved party who perfects a timely appeal from an order sustaining or overruling a demurrer to a petition, may have a review of prior rulings of which he complains, even though those rulings were made more than two months before the perfection of such appeal, provided that he gives notice he is appealing from such ruling. ( Brewer v. Hearne Motor Freight Lines, Inc., 179 Kan. 732, 297 P.2d 1108; Holmes v. Kalbach, 173 Kan. 736, 252 P.2d 603; Herron v. Chappell, 174 Kan. 350, 255 P.2d 632; Western Shale Products Co. v. City of Fort Scott, 175 Kan. 643, 266 P.2d 327.) In conclusion it may be stated (1) the original petitions stated a cause of action; (2) the court erred in striking paragraphs 7 and 8 from the original petitions, and (3) the court erred in sustaining the demurrers to the amended petitions.

  6. Daniels v. Wood Construction Co.

    267 P.2d 517 (Kan. 1954)   Cited 4 times

    "When an appeal or cross-appeal has been timely perfected the fact that some ruling of which the appealing or cross-appealing party complains was made more than two months before he perfected his appeal shall not prevent a review of the ruling." In Herron v. Chappell, 174 Kan. 350, 255 P.2d 632, paragraph 1 of the syllabus sets out the substance of the statute and paragraph 2 reads: "The right to review mentioned in the preceding paragraph includes all rulings specified in the notice of appeal."