K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-2404 (2026)

Appeals from district magistrate judges; appeal not abridged by failure to defend

✓ current as of May 2026
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59-2404. Appeals from district magistrate judges; appeal not abridged by failure to defend. The right of appeal from any order, judgment, decree or decision of a district magistrate judge in an action pursuant to this chapter shall not be denied nor abridged for failure of the party appealing to present his or her defenses to or to appear before the district magistrate judge.

History: L. 1939, ch. 180, § 272; L. 1941, ch. 284, § 14; L. 1945, ch. 237, § 4; L. 1972, ch. 215, § 20; L. 1976, ch. 242, § 61; L. 1978, ch. 222, § 1; July 1.

Notes of Decisions
Cited in 4 cases, 1973–1979 · leading case: Sw. Nat'l Bank v. Sowers, 574 P.2d 224 (Kan. Ct. App. 1977).
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Sw. Nat'l Bank v. Sowers, 574 P.2d 224 (Kan. Ct. App. 1977). · cites it 2× “*679 Our statute governing appeals from probate court at the time in question here was K.S.A. 1973 Supp. 59-2404, which provided: “Such appeal may be taken by any person aggrieved within thirty (30) days after the making of such order, judgment, decree, or decision .”
In Re the Est. of Barnes, 512 P.2d 387 (Kan. 1973). · cites it 2× “The appeal taken by John Barnes and Elmer Barnes from the admission of the will to probate to the district court was perfected within the period of nine months as authorized by K.”
In Re the Est. of Kempkes, 603 P.2d 642 (Kan. Ct. App. 1979). “K.S.A. 59-2404; K.S.A. 1978 Supp. 20-302b(c); K.”
Est. of Corson v. Erickson, 602 P.2d 1320 (Kan. 1979). · cites it 3× “Failing to construe the Petition in Will Contest as an appeal pursuant to K.S.A. 1975 Supp. 59-2404; Holding that the Petition in Will Contest constituted an improper collateral attack on the January 5 order, that it was subject to the doctrine of res judicata, and that no…”
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