Printable Format60-604. Actions against corporations. An action against a domestic corporation, or against a foreign corporation which is qualified to do business in this state, other than an action for which venue is otherwise specifically prescribed by law, may be brought in the county in which:
(1) Its registered office is located;
(2) the cause of action arose;
(3) the defendant is transacting business at the time of the filing of the petition, if the plaintiff is a resident of such county at the time the cause of action arose;
(4) there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 60-1005 and amendments thereto at the time of the filing of the action; or
(5) equipment or facilities for use in the supply of transportation services, or communication services, including, without limitation, telephonic communication services, are located, where the subject of such action relates to transportation services or communication services supplied or rendered, in whole or in part, using such equipment or facilities.
History: L. 1963, ch. 303, 60-604; L. 1965, ch. 355, § 3; L. 1989, ch. 178, § 2; L. 1995, ch. 174, § 1; July 1.
Source or prior law:
G.S. 1868, ch. 80, §§ 49, 52; L. 1909, ch. 182, § 51; R.S. 1923, 60-504.
Cross References to Related Sections:
Insurance companies, see 40-220.
Code of civil procedure for limited actions, see 61-3403.
Law Review and Bar Journal References:
"The Kansas Venue Statute: Where Does a Cause of Action Arise?" Charles D. Lee, 64 J.K.B.A. No. 7, 36, 37 (1995).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-504.
1. Noted; trial court acted prematurely in sustaining motion to transfer venue. Lambertz v. Abilene Flour Mills Co., Inc., 209 Kan. 93, 95, 495 P.2d 914.
2. Paragraph (2) referred to in determining venue of action to construe insurance policy; based on statute. Alliance Life Insurance Co. v. Ulysses Volunteer Fireman's Relief Assn., 215 Kan. 937, 939, 529 P.2d 171.
3. Venue of action of recovery of interest on suspense royalties held properly laid in Rice county where company was "doing business." Sterling v. Marathon Oil Co., 223 Kan. 686, 687, 576 P.2d 635.
4. Factors to be considered in determining whether corporation was transacting business in county at time petition filed; prior law considered. Siruta v. Hesston Corp., 232 Kan. 654, 655, 656, 658, 659, 660, 659 P.2d 799 (1983).
5. Venue where surety company sued on fidelity bond examined. First Hays Banshares, Inc. v. Kansas Bankers Surety Co., 244 Kan. 576, 589, 769 P.2d 1184 (1989).
6. Trial court did not abuse discretion by transferring venue to county where injury causing death occurred. Schmidt v. Shearer, 26 Kan. App. 2d 760, 766, 995 P.2d 381 (1999).