· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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