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60-603. Actions against residents. An action against a resident of this state, other than an action for which venue is otherwise specifically prescribed by law may be brought in the county,

(1) in which the defendant resides, or

(2) in which the plaintiff resides if the defendant is served therein, or

(3) in which the cause of action arose, or

(4) in which the defendant has a place of business or of employment if said defendant is served therein, or

(5) in which the estate of a deceased person is being probated if such deceased person was jointly liable with the defendant and a demand to enforce such liability has been duly exhibited in the probate proceedings, or

(6) in which there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 60-1005 at the time of the filing of the action.

History: L. 1963, ch. 303, 60-603; L. 1965, ch. 355, § 2; L. 1976, ch. 251, § 16; January 10, 1977.

Source or prior law:

L. 1865, ch. 55, § 1; G.S. 1868, ch. 80, § 55; L. 1903, ch. 379, § 2; L. 1909, ch. 182, § 55; R.S. 1923, 60-509.

Cross References to Related Sections:

Multiple parties, see 60-608.

Code of civil procedure for limited actions, see 61-3402.

Law Review and Bar Journal References:

"Cause of Action Under K.S.A. 60-308 and K.S.A. 60-603(3)," Robert J. Fowks, 38 J.B.A.K. 291, 292, 293, 294 (1969).

"The Kansas Venue Statute: Where Does a Cause of Action Arise?" Charles D. Lee, 64 J.K.B.A. No. 7, 36, 37 (1995).

"The Kansas Sexually Violent Predator Act—Post Hendricks," Hon. Tom Malone, 67 J.K.B.A. No. 2, 36 (1998).

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-509 and the 1961 Supp. thereto.

1. Noted; trial court acted prematurely in sustaining motion to transfer venue. Lambertz v. Abilene Flour Mills Co., Inc., 209 K. 93, 95, 495 P.2d 914.

2. Paragraph (3) referred to in determining venue of action to construe insurance policy; based on statute. Alliance Life Ins. Co. v. Ulysses Volunteer Firemen's Relief Assn., 215 K. 937, 939, 529 P.2d 171.

3. Error for trial court to permit defendant to challenge amended motion service of process after alleging service of process for purpose of fixing venue. Bray v. Bayles, 228 K. 481, 488, 618 P.2d 807.

4. Airport authority may be sued in venue other than its home county; denial of venue change upheld. Cessna Aircraft Co. v. Metropolitan Topeka Airport Authority, 23 K.A.2d 1038, 1056, 940 P.2d 84 (1997).

5. Trial court did not abuse discretion by transferring venue to county where injury causing death occurred. Schmidt v. Shearer, 26 K.A.2d 760, 766, 995 P.2d 381 (1999).


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