State Codes and Statutes

Statutes > Kansas > Chapter60 > Article2 > Statutes_23885

60-218

Chapter 60.--PROCEDURE, CIVIL
Article 2.--RULES OF CIVIL PROCEDURE

      60-218.   Joinder of claims and remedies.(a) Joinder of claims. A party asserting a claim to relief as anoriginal claim, counterclaim, cross-claim, or third-party claim, may joineither as independent or as alternate claims as many claims, legal orequitable, as he has against an opposing party.

      (b)   Joinder of remedies. Whenever a claim is one heretoforecognizable only after another claim has been prosecuted to a conclusion,the two claims may be joined in a single action; but the court shall grantrelief in that action only in accordance with the relative substantiverights of the parties. In particular, but not exclusively, a plaintiff maystate a claim for money and a claim to have set aside a conveyancefraudulent as to him, without first having obtained a judgment establishingthe claim for money; a plaintiff may state in his original claim againstthe defendant and also in either the original or an amended petition or ina reply, a claim for having any release, composition, settlement, ordischarge of the original claim set aside as fraudulent or otherwisewrongfully procured.

      History:   L. 1963, ch. 303, 60-218; amended by SupremeCourt order dated July 17, 1969; effective on publication in Kansas Reportsand in K.S.A. 1969 Supp.

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article2 > Statutes_23885

60-218

Chapter 60.--PROCEDURE, CIVIL
Article 2.--RULES OF CIVIL PROCEDURE

      60-218.   Joinder of claims and remedies.(a) Joinder of claims. A party asserting a claim to relief as anoriginal claim, counterclaim, cross-claim, or third-party claim, may joineither as independent or as alternate claims as many claims, legal orequitable, as he has against an opposing party.

      (b)   Joinder of remedies. Whenever a claim is one heretoforecognizable only after another claim has been prosecuted to a conclusion,the two claims may be joined in a single action; but the court shall grantrelief in that action only in accordance with the relative substantiverights of the parties. In particular, but not exclusively, a plaintiff maystate a claim for money and a claim to have set aside a conveyancefraudulent as to him, without first having obtained a judgment establishingthe claim for money; a plaintiff may state in his original claim againstthe defendant and also in either the original or an amended petition or ina reply, a claim for having any release, composition, settlement, ordischarge of the original claim set aside as fraudulent or otherwisewrongfully procured.

      History:   L. 1963, ch. 303, 60-218; amended by SupremeCourt order dated July 17, 1969; effective on publication in Kansas Reportsand in K.S.A. 1969 Supp.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article2 > Statutes_23885

60-218

Chapter 60.--PROCEDURE, CIVIL
Article 2.--RULES OF CIVIL PROCEDURE

      60-218.   Joinder of claims and remedies.(a) Joinder of claims. A party asserting a claim to relief as anoriginal claim, counterclaim, cross-claim, or third-party claim, may joineither as independent or as alternate claims as many claims, legal orequitable, as he has against an opposing party.

      (b)   Joinder of remedies. Whenever a claim is one heretoforecognizable only after another claim has been prosecuted to a conclusion,the two claims may be joined in a single action; but the court shall grantrelief in that action only in accordance with the relative substantiverights of the parties. In particular, but not exclusively, a plaintiff maystate a claim for money and a claim to have set aside a conveyancefraudulent as to him, without first having obtained a judgment establishingthe claim for money; a plaintiff may state in his original claim againstthe defendant and also in either the original or an amended petition or ina reply, a claim for having any release, composition, settlement, ordischarge of the original claim set aside as fraudulent or otherwisewrongfully procured.

      History:   L. 1963, ch. 303, 60-218; amended by SupremeCourt order dated July 17, 1969; effective on publication in Kansas Reportsand in K.S.A. 1969 Supp.