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19-108. Court proceedings; judgment against county; security or bond. (a) When a judgment is rendered against the board of county commissioners of any county, or against any county officer in an action prosecuted by or against the county officer in the officer's name of office, where the judgment should be paid by the county, no execution shall issue upon the judgment. The judgment shall be levied and collected by tax, as other county charges. When so collected the judgment shall be paid by the county treasurer to the person to whom it is adjudged, upon the delivery of a proper voucher therefor.

(b) The county shall not be required in any proceeding in any court to give security for costs on appeal, or any stay or supersedeas bond, where the county is plaintiff or defendant.

History: G.S. 1868, ch. 25, § 8; R.S. 1923, 19-108; L. 1993, ch. 149, § 1; April 15.


1. No execution can issue upon judgment rendered against county. Ware v. Pleasant Grove Township, 9 Kan. App. 700, 702, 59 P. 1089.

2. Action maintainable against board on judgment against it. Lockard v. Decatur County, 10 Kan. App. 316, 62 P. 547.

3. Judgment levy must be within legal levy limit. Comm'rs of Osborne Co. v. Blake, 25 Kan. 356, 357.

4. Mandamus lies to compel levy for payment of judgment. Investment Co. v. Wyandotte County, 86 Kan. 708, 711, 121 P. 1097.

5. Final judgment held conclusive on challenge of right to levy. Chicago, R. I. & P. Rly. Co. v. Ford County Comm'rs, 138 Kan. 516, 518, 27 P.2d 229.

6. Cited in holding city's claim against county for street maintenance barred by cash-basis law. City of Valley Falls v. Jefferson County Comm'rs, 148 Kan. 429, 431, 82 P.2d 1088.

7. Applied; county of residence not relieved of liability for tuition earned under K.S.A. 72-5707. School District v. Board of County Commissioners, 201 Kan. 434, 441, 441 P.2d 875.

8. Whether county entitled to stay of execution for personal injury judgment absent superdeas bond examined. Wilmer v. Bd. of County Com'rs, Leavenworth, 844 F. Supp. 1414, 1418 (1994).

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