9-130. History: L. 1897, ch. 47, § 28; L. 1908, ch. 14, § 1; L. 1913, ch. 66, § 1; R.S. 1923, § 9-130; L. 1927, ch. 88, § 5; L. 1933, ch. 80, § 1; L. 1933, ch. 28, § 1 (Special Session); Repealed, L. 1947, ch. 102, § 143; June 30. Source or prior law: L. 1891, ch. 43, § 26. Cross References to Related Sections: Later act, see 9-1903, 9-1904, 9-1905, 9-1906, 9-1909. CASE ANNOTATIONS 1. Commissioner must take actual possession before action for receiver proper. Dodson v. Wightman, 6 Kan. App. 835, 49 P. 790. 2. Property subject to attachment until actual possession by bank commissioner. Dodson v. Wightman, 6 Kan. App. 835, 840, 49 P. 790. 3. Suit by creditors against stockholders after receiver appointed; procedure. Sims v. Brown, 10 Kan. App. 261, 62 P. 713. 4. Right of creditors to sue after receiver appointed considered. Warner v. Imbeau, 63 Kan. 415, 65 P. 648. 5. Solvent bank not subject to receivership on account of mismanagement. Feess v. Bank, 84 Kan. 828, 115 P. 563. 6. Misconduct of officers no warrant for appointing a receiver. Feess v. Bank, 84 Kan. 828, 115 P. 563. 7. Court of equity cannot dissolve corporation at instance of stockholder. Feess v. Bank, 84 Kan. 828, 835, 115 P. 563. 8. Appointment of receiver not judicial act; appointment by executive officer. Jeffries v. Bacastow, 90 Kan. 495, 135 P. 582. 9. Act held constitutional and valid. Jeffries v. Bacastow, 90 Kan. 495, 135 P. 582. 10. Receiver may sue without authority from any court. Jeffries v. Bacastow, 90 Kan. 495, 496, 135 P. 582. 11. Bank commissioner not bound to close bank after taking possession. The State, ex rel., v. Wilson, 108 Kan. 641, 651, 196 P. 758. 12. Bank commissioner not deprived of discretion in dealing with situation. The State, ex rel., v. Wilson, 108 Kan. 641, 651, 196 P. 758. 13. Bank commissioner must take charge when he believes bank insolvent. The State, ex rel., v. Wilson, 108 Kan. 641, 659, 196 P. 758. 14. Stockholder may not offset his statutory liability by claim as creditor. State Bank v. Reed, 114 Kan. 216, 217 P. 320. 15. Receiver cannot bring action against officers in behalf of depositors for receiving deposits while insolvent. Barret v. Skalsky, 118 Kan. 162, 233 P. 1043. 16. Court cannot regulate expenses necessary in winding up affairs. Labette County Comm'rs v. Peterson, 118 Kan. 560, 235 P. 848. 17. Section considered in determining effect of assessment on double liability. Citizens Bank v. Needham, 120 Kan. 523, 537, 244 P. 7. 18. Method of voluntary liquidation is provided. Kansas State Bank v. Atchison, T. & S.F. Rly. Co., 122 Kan. 77, 79, 251 P. 188. 19. Administration of receivership is in district court. Thompson v. Bone, 122 Kan. 195, 202, 251 P. 178. 20. Sufficiency of petition against receiver for misappropriation of funds. Bacastow v. Jeffries, 122 Kan. 474, 476, 251 P. 1101. 21. Section cited in determining validity of transfer of stock not certified to commissioner. Riverdale State Bank v. Schmidt, 123 Kan. 403, 256 P. 161. 22. Odds and ends of assets of doubtful value may be sold or compounded by order of court. State, ex rel., v. Bone, 125 Kan. 818, 830, 266 P. 85. 23. Time of filing claim provision held not retroactive. Almquist v. Johnson, 130 Kan. 417, 418, 419, 286 P. 200. 24. Claims not presented within one year barred; claim not amended. Palmer v. Johnson, 132 Kan. 161, 166, 167, 294 P. 874. 25. Term "other creditors" construed and applied to claim for tortious fraud. Conrad v. Johnson, 134 Kan. 120, 4 P.2d 767; Dewey v. Commercial State Bank, 141 Kan. 356, 358, 41 P.2d 1006. 26. Directors may secure loans after bank closed by bank commissioner and before receiver appointed. Martin v. Citizens Bank, 134 Kan. 650, 8 P.2d 81. 27. Counties which are general depositors required to file claim within year. Greeley County Comm'rs v. Horace State Bank, 135 Kan. 126, 9 P.2d 986. 28. Suit against receiver within time limit constitutes filing claim. National Bank of Topeka v. Johnson, 136 Kan. 377, 378, 15 P.2d 436. 29. Under terms of special contract with bank, claim not required to be filed under section. Lebanon State Bank v. Finch, 137 Kan. 114, 122, 19 P.2d 709. 30. Action to enjoin county from entering reorganization agreement dismissed. City of Holton v. Jackson County Comm'rs, 138 Kan. 163, 23 P.2d 605. 31. Jurisdiction of district court over receiver and claims discussed. Mercantile Warehouse Co. v. Johnson, 138 Kan. 889, 892, 894, 28 P.2d 775. 32. Cited in discussing recovery of taxes where property listed in wrong school district. State, ex rel., v. Williams, 139 Kan. 599, 610, 32 P.2d 481. 33. Claim for trust fund must be filed within one year. Dewey v. Commercial State Bank, 141 Kan. 356, 358, 41 P.2d 1006. 34. Reorganization provision of L. 1933, ch. 80, held constitutional. City of Holton v. Kansas State Bank, 144 Kan. 352, 353, 354, 359, 59 P.2d 41. 35. Receiver applied deposit on note; statute of limitations not tolled. Pessemier v. Zeller, 144 Kan. 726, 727, 62 P.2d 882. 36. Trust company doing banking business held exempt from involuntary bankruptcy. State of Kansas v. Hayes, 62 F.2d 597, 599. 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