Source or prior law:

L. 1867, ch. 68, art. 3, § 4; G.S. 1868, ch. 19, § 33.

CASE ANNOTATIONS

1. Not necessary that claim specify the various elements of damage. City of Salina v. Kerr, 7 Kan. App. 223, 225, 52 P. 901.

2. Recovery in subsequent action not limited to amount of claim. City of Salina v. Kerr, 7 Kan. App. 223, 225, 52 P. 901.

3. Action brought for larger amount than claim; allowance of costs. City of Hutchinson v. Van Cleve, 7 Kan. App. 676, 53 P. 888.

4. Mistake in description of place; held statute substantially complied with. Ottawa v. Black, 10 Kan. App. 439, 441, 61 P. 985.

5. Verification of claim by husband, as agent of claimant, sufficient. Ottawa v. Black, 10 Kan. App. 439, 441, 61 P. 985.

6. Costs in action cannot be recovered unless claim previously presented. City of Atchison v. King, 9 Kan. 550, 551, 560.

7. Petition must allege presentation of claim; proof not allowed otherwise. City of Atchison v. King, 9 Kan. 550, 551, 560.

8. Admission of evidence concerning presentment and verification of claim considered. City of Abilene v. Hendricks, 36 Kan. 196, 201, 202, 13 P. 121.

9. Section applies to claims and demands of every kind. Knoll v. City of Salina, 98 Kan. 428, 430, 157 P. 1167.

10. Penalty for failure to present claim is loss of costs. Knoll v. City of Salina, 98 Kan. 428, 430, 157 P. 1167.

11. Recovery may be had although claim not presented hereunder. Knoll v. City of Salina, 98 Kan. 428, 430, 157 P. 1167.

12. This section substantially the same as to all cities. White v. Bonner Springs, 99 Kan. 148, 150, 160 P. 1024.

13. Section does not apply to claim for liquidated amount. Frederick v. City of Bonner Springs, 104 Kan. 257, 263, 178 P. 435.

14. Rejection of paving; suit by contractor; presentment of claim considered. Frederick v. City of Bonner Springs, 104 Kan. 257, 263, 178 P. 435.

15. What amounts to a liquidated, or unliquidated, claim considered. Frederick v. City of Bonner Springs, 104 Kan. 257, 263, 178 P. 435.

16. Reference to this statute in notice of claim is not essential. Burroughs v. City of Lawrence, 116 Kan. 573, 227 P. 328.

17. Liability for injury due to ice and snow accumulations; notice of condition. Speakman v. Dodge City, 137 Kan. 823, 22 P.2d 485.

18. Section held inapplicable to county's claim against city under "cash-basis" law. City of Weir v. Cherokee County Comm'rs, 140 Kan. 30, 33, 33 P.2d 1108.

19. Pedestrian injured on defective street; degree of care required; no recovery. Smith v. City of Emporia, 169 Kan. 359, 360, 219 P.2d 451.