General Statutes of 1868

77-116. General Statutes of 1868. General Statutes 1868, chapter 119, sections 1 to 11, inclusive, included by reference. [The title to the act was "An act concerning the general statutes." Section 1 in part was "The following acts of the legislature shall constitute the General Statutes of Kansas, to wit: All acts revised by the commissioners appointed to revise the general laws of this state, and reported to and enacted by the legislature at the present session; all other acts of a general nature enacted at the present session, and the following-named acts, or so much or such part thereof as may be and remain in force at the time of the passage of this act." Here follows a list of the acts included by titles, giving dates on which they were approved. The remainder of the act related to the repeal of other acts, rule for construction, limitation, authentication, and other particulars relating to the publication of the General Statutes of 1868.] History: R.S. 1923, 77-116. CASE ANNOTATIONS 1. Rules applicable in determining scope of this repealing clause. Burgess v. Railroad Company, 18 Kan. 53. 2. Right-of-way act, repealed before construction of road by this section. Roberts v. M.K.&T. Rly. Co., 43 Kan. 102, 111, 22 P. 1006. 3. Section applied to order of arrest and order of attachment. (Dissenting opinion.) Chapman v. Mercantile Co., 7 Kan. App. 254, 261, 53 P. 778. 4. Common law applied in deciding liability of common carrier. Kansas Pacific Rly. Co. v. Nichols, 9 Kan. 235, 252. 5. Proceedings at common law by mandamus not applicable. The State, ex rel., v. Comm'rs of Jefferson County, 11 Kan. 66, 68. 6. Section applied to conveyance of tract bounded upon street. Tousley v. Galena M. & S. Co., 24 Kan. 328. 7. Section discussed in considering abatement of rent when buildings destroyed. Whitaker v. Hawley, 25 Kan. 674. 8. Common law rule concerning resignation of public officer in force. The State, ex rel., v. Clayton, 27 Kan. 442. 9. Duties of administrator defined by statute; Common law not applicable. Aetna Life Ins. Co. v. Swayze, Adm'r, 30 Kan. 118, 123, 1 P. 36. 10. Common law relating to obstruction and flow of surface water applied. K.C.&E. Rld. Co. v. Riley, 33 Kan. 374, 6 P. 581. 11. Common law applied in considering real estate agent's lien. Richards v. Gaskill, 39 Kan. 428, 432, 18 P. 494. 12. Common-law rule making Sunday dies non juridicus still applicable. City of Parsons v. Lindsay, 41 Kan. 336, 337, 21 P. 227. 13. Section discussed in considering different branches of government. (Dissenting opinion.) In re Gunn, Petitioner, 50 Kan. 155, 218, 32 P. 470, 948. 14. Writ of error coram nobis; common law in force. The State v. Calhoun, 50 Kan. 523, 32 P. 38. 15. Rule of presumption of payment from lapse of time considered. Courtney v. Staudenmayer, 56 Kan. 392, 396, 43 P. 758. 16. Rule requiring written complaint before defendant put on trial considered. The State v. Goetz, 65 Kan. 125, 130, 69 P. 187. 17. Rule against perpetuities is part of law of state. (Dissenting opinion.) Troutman v. DeBoissiere, 66 Kan. 1, 21, 71 P. 286. 18. Prevalence of common law in Kansas prior to 1868. Clark v. Allaman, 71 Kan. 206, 80 P. 571. 19. Section considered at length. Clark v. Allaman, 71 Kan. 206, 80 P. 571. 20. Effect of section on married-women's act, discussed. Harrington v. Lowe, 73 Kan. 1, 19, 84 P. 570. 21. Intent of modification of common law is a judicial question. Cooper v. Seaverns, 81 Kan. 267, 280, 105 P. 509. 22. Estates tail, as modified by statutes, etc., exist in Kansas. Ewing v. Nesbitt, 88 Kan. 708, 129 P. 1131. 23. General statutes in derogation of common law not strictly construed. Lumber Co. v. Douglas, 89 Kan. 308, 316, 131 P. 563. 24. Mechanic's lien law not to be strictly construed. Wall Paper Co. v. Perkins, 90 Kan. 725, 727, 136 P. 324. 25. Common-law rule only tidal streams are navigable, not law here. The State, ex rel., v. Akers, 92 Kan. 169, 189, 140 P. 637. Affirmed: Wear v. Kansas, ex rel. Brewster, 245 U.S. 154, 38 S. Ct. 55, 62 L.Ed. 214. 26. Rule in Shelley's case applies to deeds in this state. Kirby v. Broaddus, 94 Kan. 48, 51, 145 P. 875. 27. Excessive strictness of construction not required or permitted. Lumber Co. v. Collinson, 97 Kan. 791, 792, 156 P. 724. 28. Death of landlord; common law applicable to immature crops. (Dissenting opinion.) Wyandt v. Merrill, 107 Kan. 661, 666, 193 P. 366. 29. Adoption statutes in derogation of common law strictly construed. Baird v. Yates, 108 Kan. 721, 722, 196 P. 1077. 30. Statutes covering survivorship is an innovation of common law, liberally construed. Seamans v. Brown, 109 Kan. 448, 450, 199 P. 473. 31. Industrial court law is remedial and should be liberally construed. Court of Industrial Relations v. Packing Co., 109 Kan. 629, 633, 201 P. 418. 32. Common-law rule that heir takes lapsed devise, abrogated. Kirkpatrick v. Kirkpatrick, 112 Kan. 314, 327, 211 P. 146. 33. Common-law doctrine regarding illegitimate children repugnant to present-day society. Doughty v. Engler, 112 Kan. 583, 211 P. 619. 34. Right to subscribe for stock in railroad company not abrogated. Morris v. Morris County, 7 Kan. 576. 35. Intent of legislature to give limitation laws retrospective effect. Burnes v. Simpson, 9 Kan. 658, 666. 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