60-802. Procedure for relief. - Kansas Statutes

60-802

Chapter 60.--PROCEDURE, CIVIL Article 8.--MANDAMUS

      60-802.   Procedure for relief.(a) Generally. Relief in the form of mandamus shall be obtainedunder the same procedure as relief in other civil actions. If it be desiredin connection with any mandamus proceeding to stay any proceedings or actspending determination of the mandamus proceeding, the plaintiff may combinetherewith an application for relief under article 9 of this chapter. Thejudgment in mandamus shall specify with particularity the act or acts whichthe defendant is compelled to perform or enjoined from performing.

      (b)   Peremptory order. When the right to require the performance ofthe act is clear, and it is apparent that no valid excuse can be given fornot performing it, a peremptory order of mandamus may be allowed in thefirst instance.

      (c)   Damages. If judgment be given for the plaintiff, he or she may alsorecover such damages as he or she may have sustained by reason of the failure ofthe defendant to perform the specified duty, together with costs.

      History:   L. 1963, ch. 303, 60-802; Jan. 1, 1964.