K.S.A. » Chapter 19
Kansas Statutes Annotated

K.S.A. § 19-105 (2026)

Title of actions

✓ current as of May 2026
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

19-105. Title of actions. In all suits or proceedings by or against a county, the name in which the county shall sue or be sued shall be "The board of county commissioners of the county of ______________;" but this provision shall not prevent county officers, where authorized by law, from suing in their name of office for the benefit of the county.

History: G.S. 1868, ch. 25, § 5; October 31; R.S. 1923, 19-105.

Notes of Decisions
Cited in 51 cases (31 in the last 5 years), 1983–2026 · leading case: Est. of Holmes v. Somers, 387 F. Supp. 3d 1233 (D. Kan. 2019).
Sort: Relevance Newest Treatment
Est. of Holmes v. Somers, 387 F. Supp. 3d 1233 (D. Kan. 2019). · cites it 4× “Claims Against McPherson County, Harvey County, McPherson County Sheriff's Office, and Harvey County Sheriff's Office Defendants move for dismissal of all claims against McPherson County, Harvey County, McPherson County Sheriff's Office, and Harvey County Sheriff's Office on the…”
Wright v. Wyandotte Cnty. Sheriff's Dep't, 963 F. Supp. 1029 (D. Kan. 1997). · cites it 2× “See K.S.A. § 19-105. Plaintiff contends that the Wyandotte County commissioners have notice of the case inasmuch as defendant is represented by an attorney from the county counselor’s office.”
Brown v. Sedgwick Cnty. Sheriff's Off., 513 F. App'x 706 (10th Cir. 2013). “2d *708 311, 316 (1985) (noting “line of Kansas cases which holds that subordinate government agencies do not have the capacity to sue or be sued in the absence of statute”); Kan. Stat. Ann. § 19-105 (2012). Even if Brown were permitted to amend his complaint to substitute the…”
Vandeventer v. Guimond, 494 F. Supp. 2d 1255 (D. Kan. 2007). · cites it 4× “Specifically, they argued that there had never been an attempt to serve Guimond, 3 and that the Coffey County defendants were inappropriate parties to the suit under K.S.A. § 19-105, requiring suit against a “subordinate agency of a Kansas County [to be] brought against the…”
Farris v. Bd. of Cnty. Commissioners of Wyandotte Cnty., 924 F. Supp. 1041 (D. Kan. 1996). · cites it 2× “K.S.A. § 19-105 provides that in suits against the county, a plaintiff must name the board of county commissioners as defendant.”
Harris v. City of Wichita, Sedgwick Cnty., Kan., 862 F. Supp. 287 (D. Kan. 1994). · cites it 2× “K.S.A. § 19-105. Accordingly, Sedgwick County is not a proper defendant, and plaintiffs’ claims against it shall be dismissed.”
Dutoit v. Bd. of Johnson Cnty. Comm'rs, 667 P.2d 879 (Kan. 1983). “K.S.A. 19-105 requires that in all suits by or against a county, the name in which the county shall sue or be sued is the “board of county commissioners of the county of .”
Dollison v. Osborne Cnty., 737 P.2d 43 (Kan. 1987). “K.S.A. 19-105 provides: “In all suits or proceedings by or against a county, the name in which the county shall sue or be sued shall be ‘The board of county commissioners of the county of__’ ” The defendant relies entirely upon Withers v.”
Ailin v. Leavenworth Cnty. Sheriff's Off. (D. Kan. 2019). · cites it 12× “21 In a recent District of Kansas opinion, Judge Crabtree noted that the Douglas County Board of Commissioners was the properly named party in the plaintiff’s Title VII lawsuit against the Douglas County Sheriff’s Office.”
Ayesh v. Butler Cnty. Sheriff's Off. (D. Kan. 2019). · cites it 8× “22 K.S.A. § 19-105 (stating that “[i]n all suits or proceedings by or against a county, the name in which the county shall sue or be sued shall be “The board of county commissioners of the county of ____ .”
Swearingen v. Linn Cnty., KS (D. Kan. 2022). · cites it 8× “15 Kan. Stat. Ann. § 19-105 . Our court previously has held that “a suit against a sheriff in his official capacity as a county officer arguably is another way to assert a claim against the county.”
Olson v. Sedgwick Cnty., Kansas (D. Kan. 2024). · cites it 8× “First, Defendants note that Plaintiff sued Defendant Sedgwick County instead of suing the Board of County Commissioners of the County of Sedgwick, as required by K.S.A. § 19-105. Second, Defendants argue that the SCDA is a subordinate governmental entity which is incapable of…”
Show all 51 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.