Printable Format60-413. 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).