Title of actions

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. Law Review and Bar Journal References: "Due Process and the Car: Towing, Towing, Gone," Henry Cox, 52 J.K.B.A. 269 (1983). Attorney General's Opinions: County attorney; duty to collect delinquent county hospital accounts. 81-196. CASE ANNOTATIONS 1. Commissioners may employ counsel to defend mandamus action. Thacher & Stephens v. Comm'rs of Jefferson County, 13 Kan. 182. 2. Suits should run in name of board of commissioners. Comm'rs of Neosho Co. v. Stoddart, 13 Kan. 207, 211. 3. Commissioners may employ attorney to defend case in supreme court. Doster v. Howe, Treasurer, etc., 28 Kan. 353. 4. Misnomer waived by trial without objection. Railroad Co. v. Saline County, 69 Kan. 278, 76 P. 865. 5. Title identifying defendant held sufficient. Staley v. Espenlaub, 127 Kan. 627, 631, 274 P. 261. 6. County not bound by judgment where commissioners not party to action. Withers v. Root, 146 Kan. 822, 826, 73 P.2d 1113. 7. Compliance hereunder no admission as to corporate existence of sewer district. Dutoit v. Board of Johnson County Comm'rs, 233 Kan. 995, 1000, 667 P.2d 879 (1983). 8. Defendant county's filing of answer, responsive pleadings and recommended findings of fact and conclusions of law waived defenses hereunder. Dollison v. Osborne County, 241 Kan. 374, 376, 378, 737 P.2d 43 (1987). 9. Cited; section requires suit to be brought against the board of county commissioners. Vandeventer v. Guimond, 494 F. Supp. 2d 1255, 1258, 1260 (2007). 10. Plaintiff must sue the board of county commissioners to state a claim against a county instead of suing the sheriff's office or the county itself. In re Holmes, 387 F. Supp. 3d 1233, 1248 (D. Kan. 2019). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026