Skip to main content
· 3/9/1935

Dewey v. Commercial State Bank

Citations

  • 141 Kan. 356
  • 41 P.2d 1006
  • 1935 Kan. LEXIS 151

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “common-law indemnification action[s] cannot lie where the plaintiff was even .01 percent actively at fault”
  • holding that, although the case was only appealable by leave granted and the defendant appealed by right, this Court would “exercise [its] discretion to treat [the defendant’s] claim of appeal as a granted application for leave to appeal” for the sake of judicial economy
  • stating, upon summary disposition, that “[i]f the primary plaintiff’s complaint contained any allegations of active negligence, rather than merely allegations of passive negligence, common-law indemnification is not available” (emphasis added) (citations omitted)
  • “for the sake of judicial economy, we exercise our discretion to treat [appellant’s] claim of appeal as a granted application for leave to appeal”
  • a trial court’s order was not a final order appealable as of right, despite including language stating that it was a final order, when the order did not fully resolve all claims at issue in the case

Source: CourtListener parenthetical corpus (CC0).

Judges: Hutchison

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.