K.S.A. » Chapter 77
Kansas Statutes Annotated

K.S.A. § 77-109 (2026)

Common law

✓ current as of May 2026
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77-109. Common law. The common law as modified by constitutional and statutory law, judicial decisions, and the conditions and wants of the people, shall remain in force in aid of the General Statutes of this state; but the rule of the common law, that statutes in derogation thereof shall be strictly construed, shall not be applicable to any general statute of this state, but all such statutes shall be liberally construed to promote their object.

History: L. 1923, ch. 144, § 5; March 9; R.S. 1923, 77-109.

Notes of Decisions
Cited in 52 cases (3 in the last 5 years), 1927–2024 · leading case: Ling v. Jan's Liquors, 703 P.2d 731 (Kan. 1985).
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Ling v. Jan's Liquors, 703 P.2d 731 (Kan. 1985). · cites it 6× “K.S.A. 77-109. However, the common law is not static.”
State v. Quested, 352 P.3d 553 (Kan. 2015). · cites it 6× “" K.S.A. 77-109. Because statutory silence confronted both the sentencing court and this court, the sentencing statutes stand in need of the aid of common-law rules.”
Unified Sch. Dist. No. 501 v. Baker, 6 P.3d 848 (Kan. 2000). · cites it 8× “The legislature decides who may qualify for public office. See Kan.”
Miami Cnty. Bd. of Commissioners v. Kanza Rail-Trails Conservancy, Inc., 255 P.3d 1186 (Kan. 2011). · cites it 2× “There can be little doubt that our legislature has expected a continuation of past practice in this area: K.S.A. 77-109, a statute in place since 1923, provides that "any general statute of this state .”
In Re the Marriage of Traster, 339 P.3d 778 (Kan. 2014). · cites it 2× “See K.S.A. 77-109; U.S.D. No. 501 v. Baker, 269 Kan.”
Samsel v. Wheeler Transp. Servs., Inc., 789 P.2d 541 (Kan. 1990). · cites it 2× “K.S.A. 77-109. The first question which must be addressed is whether the right to a jury trial in civil cases under the common law included the right to have the jury determine damages.”
Leiker Ex Rel. Leiker v. Gafford, 778 P.2d 823 (Kan. 1989). · cites it 2× “K.S.A. 77-109 provides: "The common law as modified by constitutional and statutory law, judicial decisions, and the conditions and wants of the people, shall remain in force in aid of the General Statutes of this state; but the rule of the common law, that statutes in…”
Garcia v. Est. of Arribas, 363 F. Supp. 2d 1309 (D. Kan. 2005). · cites it 6× “This statute was reenacted at various times, and is now codified at K.S.A. 77-109. The wording of the statute has never changed.”
O'Bryan v. Columbia Ins. Grp., 56 P.3d 789 (Kan. 2002). “In reaching its decision, the Court of Appeals cited 12 Couch on Insurance 3d § 175:15 (1998) and concluded that “the common-law rule which permits deducting the amount of the first claim from the policy limit in determining the amount of insurance available to pay a second…”
Palmer v. Brown, 752 P.2d 685 (Kan. 1988). “” K.S.A. 77-109. Before courts are justified in declaring the existence of public policy, however, “it should be so thoroughly established as a state of public mind so united and so definite and fixed that its existence is not subject to any substantial doubt.”
Robinson v. City of Wichita Employees' Ret. Bd. of Trs., 241 P.3d 15 (Kan. 2010). “This rationale ignores K.S.A. 77-109, which states in part: “The common law as modified by constitutional and statutory law, judicial decisions, and the conditions and wants of the people, shall remain in force in aid of the General Statutes of this state.”
Babe Houser Motor Co. v. Tetreault, 14 P.3d 1149 (Kan. 2000). “See K.S.A. 77-109; City of Haven v. Gregg, 244 Kan.”
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