60-1203.
Name in which action prosecuted; damages.
Where the action is brought by a person claiming an interest in an office, franchise or corporation, or claiming an interest adverse to a resolution, ordinance, franchise, gift or grant, which is the subject of the action, it shall be prosecuted in the name and under the direction of such person, otherwise it shall be prosecuted in the name of the state by the attorney general or county attorney. Whenever the action is brought by the attorney general or the county attorney against a person for usurping an office, the petition shall state the name of the person rightfully entitled to the office. When the action in such case is brought by the person claiming title, such person may claim and recover any damage he or she may have sustained.
History:
L. 1963, ch. 303, 60-1203; January 1, 1964.
Notes of Decisions
Babcock v. City of Kansas City, 419 P.2d 882 (Kan. 1966).
· cites it 5× “" For reasons hereafter stated, we conclude the district court erred in its conclusion of law, and hold that K.S.A. 60-1203 does not authorize or empower a private individual to maintain or prosecute an action questioning the validity of proceedings extending the corporate…”
Sedlak v. Dick, 887 P.2d 1119 (Kan. 1995).
“K.S.A. 60-1203 provides in pertinent part: “Where the action is brought by a person claiming an interest .”
Evans v. Provident Life & Accident Ins., 815 P.2d 550 (Kan. 1991).
“The notice of appeal was within the 30-day limit set forth by K.S.A. 1990 Supp. 60-1203(a) *251 if the "entry of the judgment" is determined to be November 28, 1989.”
Kelly v. Legislative Coordinating Council, 460 P.3d 832 (Kan. 2020).
“Further, K.S.A. 60-1203 governs standing to bring a quo warranto action as follows: 10 "Where the action is brought by a person claiming an interest .”
Fransham v. McDowell, 451 P.2d 131 (Kan. 1969).
· cites it 3× “Although plaintiffs pray for relief in the form of damages, recovery of money and injunction, the allegations of the petition force the conclusion that the action generally is in the nature of quo warranto seeking to oust the defendants from exercising alleged unwarranted power.”
Bd. v. City of Mulvane, 227 P.3d 997 (Kan. Ct. App. 2010).
· cites it 4× “60-1202 and K.S.A. 60-1203 in support of its argument.”
— K.S.A. § 60-1203(a) — 1 case
Evans v. Provident Life & Accident Ins., 815 P.2d 550 (Kan. 1991).
“The notice of appeal was within the 30-day limit set forth by K.S.A. 1990 Supp. 60-1203(a) *251 if the "entry of the judgment" is determined to be November 28, 1989.”
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