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78-103. Venue of actions. Any surety company doing business under the provisions of this act may be sued in respect thereof in any court of the United States or in the state of Kansas which has now, or hereafter may have, jurisdiction of actions on suits upon such recognizance, stipulation, bond or undertaking in the district in which such recognizance, stipulation, bond or undertaking was made or guaranteed, or in the district in which the agent of such company is located. And for the purpose of this act, such recognizance, stipulation, bond or undertaking shall be treated as made or guaranteed in the district in which the office is located, to which it is returnable, or in which it is filed, or in the district in which the principal of such recognizance, stipulation, bond or undertaking resided when it was made or guaranteed.

History: R.S. 1923, 78-103; December 27.

Source or prior law:

L. 1895, ch. 73, ยง 5; Revised, 1923.

CASE ANNOTATIONS

1. Suit against surety company; statute construed. The State v. Guaranty Co., 81 Kan. 660, 664, 106 P. 1040.

2. Venue where surety company sued on fidelity bond examined. First Hays Banshares, Inc. v. Kansas Bankers Surety Co., 244 Kan. 576, 588, 769 P.2d 1184 (1989).

3. Missouri automobile dealer bonds may be garnished to satisfy judgments against Missouri dealers when acts giving rise to judgments occurred in Kansas. Carlson Auction Services, Inc. v. Lopez, 31 Kan. App. 2d 117, 61 P.3d 117 (2003).


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