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Kansas Statutes Annotated

K.S.A. § 19-108 (2026)

Court proceedings; judgment against county; security or bond

✓ current as of May 2026
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19-108. Court proceedings; judgment against county; security or bond. (a) When a judgment is rendered against the board of county commissioners of any county, or against any county officer in an action prosecuted by or against the county officer in the officer's name of office, where the judgment should be paid by the county, no execution shall issue upon the judgment. The judgment shall be levied and collected by tax, as other county charges. When so collected the judgment shall be paid by the county treasurer to the person to whom it is adjudged, upon the delivery of a proper voucher therefor.

(b) The county shall not be required in any proceeding in any court to give security for costs on appeal, or any stay or supersedeas bond, where the county is plaintiff or defendant.

History: G.S. 1868, ch. 25, § 8; R.S. 1923, 19-108; L. 1993, ch. 149, § 1; April 15.

CASE ANNOTATIONS

1. No execution can issue upon judgment rendered against county. Ware v. Pleasant Grove Township, 9 Kan. App. 700, 702, 59 P. 1089.

2. Action maintainable against board on judgment against it. Lockard v. Decatur County, 10 Kan. App. 316, 62 P. 547.

3. Judgment levy must be within legal levy limit. Comm'rs of Osborne Co. v. Blake, 25 Kan. 356, 357.

4. Mandamus lies to compel levy for payment of judgment. Investment Co. v. Wyandotte County, 86 Kan. 708, 711, 121 P. 1097.

5. Final judgment held conclusive on challenge of right to levy. Chicago, R. I. & P. Rly. Co. v. Ford County Comm'rs, 138 Kan. 516, 518, 27 P.2d 229.

6. Cited in holding city's claim against county for street maintenance barred by cash-basis law. City of Valley Falls v. Jefferson County Comm'rs, 148 Kan. 429, 431, 82 P.2d 1088.

7. Applied; county of residence not relieved of liability for tuition earned under K.S.A. 72-5707. School District v. Board of County Commissioners, 201 Kan. 434, 441, 441 P.2d 875.

8. Whether county entitled to stay of execution for personal injury judgment absent superdeas bond examined. Wilmer v. Bd. of County Com'rs, Leavenworth, 844 F. Supp. 1414, 1418 (1994).


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Notes of Decisions
Cited in 3 cases, 1993–1995 · leading case: Wilmer v. Bd. of Cnty. Com'rs, Leavenworth, 844 F. Supp. 1414 (D. Kan. 1993).
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Wilmer v. Bd. of Cnty. Com'rs, Leavenworth, 844 F. Supp. 1414 (D. Kan. 1993). · cites it 4× “The defendant’s argument is based on a Kansas statute that amended K.S.A. 19-108 effective April 15, 1993. Section (b) of the amended section reads: “(b) The county shall not be required in any proceeding in any court to give security for costs on appeal, or any stay or…”
Wilmer v. Bd. of Cnty. Commissioners, 866 F. Supp. 502 (D. Kan. 1994). · cites it 8× “30 plus interest judgment pursuant to the levy procedures in K.S.A. 19-108. The trial court has full discretion to monitor the *504 situation to ensure quick and good faith compliance with this mandate.”
Dutton v. Johnson Cnty. Bd. of Cnty. Commissioners, 884 F. Supp. 431 (D. Kan. 1995). “Because the court has found for defendant on an alternate theory, it does not reach the question of whether K.S.A. 19-108 (Supp.1993) provides a basis for waiving the bond requirement.”
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.