Kansas: A Cyclopedia of State History/Actions

Actions.—Actions are defined as ordinary proceedings in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. Actions are of two kinds—civil and criminal. A civil action may be commenced in a court of record by filing in the office of the clerk of the proper court a petition, and causing a summons to be issued thereon. The petition must contain the name, surname and place of residence of plaintiff and defendant; a clear statement of the cause of action and a prayer for judgment in conformity with the allegations of the petition, and must be signed either by the plaintiff or his attorney. Summons is then issued, addressed to the defendant. A copy of the petition need not accompany the summons, but the defendant or plaintiff shall be entitled to a copy of the petition, or any other papers filed in the action, upon application to the clerk therefor, and the costs of such copy shall be taxed among the costs in the action.

Actions before justices of the peace are commenced by summons, or by appearance and agreement of the parties without summons. In the former, the action is deemed commenced upon delivery of the writ to the constable to be served, and he shall note thereon the time of receiving the same. In the latter case, the action is deemed commenced at the time of docketing the case. When a guardian to the suit is necessary, he must be appointed by the justice, as follows: First—If the infant be plaintiff, the appointment must be made before the summons is issued, upon the application of the infant, if he be of the age of fourteen years or upwards; if under that age, upon the application of some friend. The written consent of the guardian to be appointed, and to be responsible for the costs if he fail in the action, must be filed with the justice. Second—If the infant be defendant, the guardian must be appointed before the trial. It is the right of the infant, if over fourteen years of age, to nominate his own guardian, who must be present and consent, in writing, to be appointed, otherwise the justice may appoint any suitable person who gives such consent.

The distinction between actions at law and suits in equity, and the forms of all such actions and suits formerly existing, is abolished, and in their place there is but one form of action, called a civil action. In such action the party complaining is known as the plaintiff, and the adverse party as the defendant. Actions shall be triable on the issues of fact within ten days after the issues are made up. Issues of law and motions may be tried by the court or judge in term-time or vacation, at such times as the court or judge may fix, after reasonable notice, which shall not be less than three days. Whenever damages are recoverable, the plaintiff may claim and recover any damages to which he may be entitled for the cause of action established.