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§ 3. Jurisdiction and terms. The supreme court shall have original jurisdiction in proceedings in quo warranto, mandamus, and habeas corpus; and such appellate jurisdiction as may be provided by law. It shall hold one term each year at the seat of government and such other terms at such places as may be provided by law, and its jurisdiction shall be co-extensive with the state.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 55; L. 1972, ch. 392, § 1; November 7, 1972.

Revisor's Note:

Section 3 was not changed by the 1972 revision of this article.

Law Review and Bar Journal References:

Cited in "Mandamus-An Expanded Concept," Ralph W. Muxlow II, 8 W.L.J. 71, 72 (1968).

Mentioned in "Mandamus as an Appellate Device," Roger D. Stanton, 18 K.L.R. 383, 385 (1970).

CASE ANNOTATIONS

1. Jurisdiction in quo warranto not exclusive; courts of appeals concurrent. The State, ex rel., v. Kelly, 2 Kan. App. 178, 185, 43 P. 299.

2. Constitutional jurisdiction not abolished when writ of quo warranto abolished. The State, ex rel., v. Allen, 5 Kan. 213, 220.

3. Jurisdiction of supreme court limited to jurisdiction specified herein. Auditor of State v. A.T. & S.F. Railroad Co., 6 Kan. 500.

4. Supreme court has appellate jurisdiction in divorce. Ulrich v. Ulrich, 8 Kan. 402.

5. Orders reviewable by supreme court under civil code discussed. McCulloch v. Dodge, 8 Kan. 476, 477.

6. Jurisdiction given to one court not necessarily exercised exclusively. Shoemaker v. Brown, 10 Kan. 383, 391.

7. Supreme court has appellate jurisdiction only as provided by law. City of Leavenworth v. Weaver, 26 Kan. 392, 393.

8. Quo warranto jurisdiction, conferred; jurisdiction as understood when constitution adopted. The State, ex rel., v. Wilson, 30 Kan. 661, 665, 2 P. 828.

9. Original and appellate jurisdiction defined and construed. Wilson v. Price-Raid Aud. Com., 31 Kan. 257, 258, 1 P. 587.

10. Municipal corporation ousted from power usurped by quo warranto. The State, ex rel., v. City of Topeka, 31 Kan. 452, 454, 2 P. 593.

11. Supreme court has no original jurisdiction in suits for injunction. Foster v. Moore, 32 Kan. 483, 485, 4 P. 850.

12. Quo warranto lies, to great extent, in discretion of court. Tarbox v. Sughrue, 36 Kan. 225, 12 P. 935.

13. Supreme court in protecting jurisdiction may prohibit or restrain acts. C.K. & W. Rld. Co. v. Comm'rs of Chase Co., 42 Kan. 223, 224, 21 P. 1071.

14. Cited, showing proper place and functions of judiciary. (Dissenting opinion.) In re Gunn, Petitioner, 50 Kan. 155, 220, 32 P. 470.

15. Writ of error coram nobis, only district court has jurisdiction. The State v. Calhoun, 50 Kan. 523, 532, 32 P. 38.

16. Jurisdiction of supreme court upon expiration of court of appeals. Railway Co. v. Morris, 65 Kan. 532, 535, 70 P. 651.

17. Trial de novo in supreme court is not appellate jurisdiction. In re Burnette, 73 Kan. 609, 610, 616, 85 P. 575.

18. Appellate jurisdiction of supreme court is subject to regulations of the Legislature; party must meet requirements of statute to be entitled to review. Kansas City v. Dore, 75 Kan. 23, 26, 88 P. 539.

19. Supreme court restrains act or appoints receiver to protect jurisdiction; common-law jurisdiction in quo warranto. The State v. Brewing Association, 76 Kan. 184, 189, 90 P. 777.

20. Appeal; supreme court cannot consider case de novo. Coleman v. MacLennan, 78 Kan. 711, 744, 98 P. 281.

21. Election contest triable by senate; supreme court jurisdiction only concurrent. Yeager v. Aikman, 80 Kan. 656, 663, 103 P. 132.

22. Quo warranto dismissed, plaintiff had pursued remedy in contest court. Little v. Davis, 80 Kan. 777, 781, 104 P. 560.

23. Whether action named quo warranto or mandamus of little consequence. Fee v. Richardson, 82 Kan. 190, 191, 107 P. 789.

24. Proper parties to mandamus action discussed; what constitutes a moot case discussed. The State v. Dolley, 82 Kan. 533, 108 P. 846.

25. What constitutes plain and adequate remedy at law. (Dissenting opinion.) Capper v. Stotler, 88 Kan. 387, 404, 405, 128 P. 200.

26. Distinction between original and appellate jurisdiction. Hess v. Conway, 93 Kan. 246, 144 P. 205; Wideman v. Faivre, 100 Kan. 102, 107, 163 P. 619.

27. Mandamus may be exercised to control action of inferior courts. Bishop v. Fischer, 94 Kan. 105, 108, 145 P. 890.

28. Supreme court's determination of error cannot be predicated on matters not presented to the trial court. Schwandt v. Ballentine, 103 Kan. 296, 173 P. 926.

29. Jury disagree; appeal by state upon question reserved by state. The State v. Allen, 107 Kan. 407, 409, 191 P. 476.

30. Cannot sit as trial court in matters outside original jurisdiction. Lamb v. Butler County, 108 Kan. 739, 741, 196 P. 1059. Modified: Lamb v. Butler Co., 109 Kan. 253, 198 P. 944.

31. Industrial court act does not violate this section. The State, ex rel., v. Howat, 109 Kan. 376, 392, 198 P. 686.

32. Discretionary jurisdiction of supreme court considered. The State, ex rel., v. Casualty & Surety Co., 111 Kan. 139, 140, 206 P. 331.

33. Original proceedings in declaratory judgment construed as stating a cause for action in mandamus and quo warranto; supreme court has jurisdiction. State, ex rel., v. Wooster, 111 Kan. 830, 835, 208 P. 656.

34. If action for damages joined with action for quo warranto, it must be brought in district court. Jansky v. Baldwin, 120 Kan. 728, 244 P. 1036.

35. Original jurisdiction under declaratory-judgment act considered. Public Service Commission v. Kansas Gas and Electric Co., 121 Kan. 14, 246 P. 178.

36. Rate making is a legislative function; court refused to approve judicial settlement of insurance rates. Aetna Ins. Co. v. Travis, 130 Kan. 2, 4, 285 P. 522.

37. A court authorized to admit attorneys has inherent jurisdiction to suspend or disbar; court has inherent power to punish for contempt. In re Hanson, 134 Kan. 165, 169, 170, 5 P.2d 1088.

38. Litigant has no vested right in appeal which Legislature cannot abolish. Union Pac. Rld. Co. v. Missouri Pac. Rld. Co., 135 Kan. 450, 452, 10 P.2d 893.

39. Quo warranto proper to determine authority of person to practice law. State, ex rel., v. Perkins, 138 Kan. 899, 903, 28 P.2d 765.

40. Kansas supreme court has authority to appoint receivers in quo warranto proceedings. Lillard v. Lonergan, 72 F.2d 865, 870.

41. Matters are only appealable where authorized by statute. Crawford v. Firmin, 143 Kan. 794, 797, 57 P.2d 465.

42. Supreme court without jurisdiction to try controverted issues de novo on appeal. Brown v. Brown, 146 Kan. 7, 11, 68 P.2d 1105.

43. Civil code applies where statute gives right of action without designating procedure. Champlin Refining Co. v. Ryan, 147 Kan. 160, 164, 75 P.2d 245.

44. District court's order denying habeas corpus writ under Uniform Extradition Act is appealable. In re Petty, 149 Kan. 875, 878, 89 P.2d 835.

45. Cited in discussing supreme court's jurisdiction in contested election appeal. (Dissenting opinion.) Campbell v. Ramsey, 150 Kan. 368, 393, 92 P.2d 819.

46. Facts stipulated; new trial motion unnecessary to appeal; ruling on motion not appealable. Central Fibre Products Co. v. State Tax Comm., 150 Kan. 665, 666, 95 P.2d 353.

47. Constitution does not guarantee an appeal to supreme court. Cochran v. Amrine, 155 Kan. 777, 778, 130 P.2d 605.

48. There can be no appeal except as authorized by statute; a restraining order is not a "provisional remedy" under pre-1963 civil code. Allen v. Glitten, 156 Kan. 550, 553, 134 P.2d 631.

49. Supreme court has no power to try controverted issues de novo; dissenting opinion. Williamstown Baptist Church v. Henley, 158 Kan. 324, 338, 148 P.2d 269.

50. Supreme court without jurisdiction if appeal not perfected in time. Palmer v. Helmer, 159 Kan. 647, 650, 157 P.2d 531.

51. Supreme court's original jurisdiction cannot be substituted for appellate jurisdiction. Mahoney v. Stavely, 160 Kan. 792, 794, 165 P.2d 230.

52. Discharge by habeas corpus for noncompliance with K.S.A. 62-1431; res judicata inapplicable. Nicolay v. Kill, 161 Kan. 667, 669, 170 P.2d 823.

53. Cited; no appeal to supreme court under original school reorganization law. Evans v. George, 162 Kan. 614, 618, 178 P.2d 687.

54. Preliminary hearing by district judge; order discharging accused not appealable. State v. McCombs, 164 Kan. 334, 337, 188 P.2d 639.

55. Section affords remedy for prisoner as to rights guaranteed by federal constitution. Downs v. Hudspeth, 75 F. Supp. 945, 946, 950.

56. State may maintain original proceeding in supreme court in quo warranto, although same matter has been adjudicated in the district court without the state as a party. State v. Drainage Dist. No. 3, 167 Kan. 213, 219, 205 P.2d 997.

57. Absent injury to himself a private litigant has no footing upon which to raise the question of invalidity of an act. Smith v. City of Kansas City, 167 Kan. 684, 687, 208 P.2d 233.

58. Litigant who questions federal constitutionality of Kansas supreme court decision must do so by appeal or certiorari to the Supreme Court of the United States. Owen v. Mutual Benefit Health & Acc. Ass'n, 171 Kan. 457, 460, 233 P.2d 706. Appeal dismissed: 342 U.S. 937, 72 S. Ct. 560, 96 L.Ed. 697.

59. Appeals to supreme court statutory; in absence of permissive statute no appeal allowed. Williams v. Seymour Packing Co., 174 Kan. 168, 171, 173, 254 P.2d 248.

60. Supreme court held to have jurisdiction of criminal appeal from an order overruling a demurrer to a plea in abatement. State v. Ramirez, 175 Kan. 301, 303, 263 P.2d 239.

61. Supreme court has no original jurisdiction in injunctive actions. Collins v. York, 175 Kan. 511, 514, 265 P.2d 313.

62. Supreme court has appellate jurisdiction only as provided by law. Peterson v. Board of County Commissioners, 176 Kan. 75, 78, 269 P.2d 450.

63. Facts stipulated; new trial motion unnecessary to appeal; appeal too late; supreme court without jurisdiction will raise question itself. Wiley v. Gas Service Co., 177 Kan. 615, 616, 218 P.2d 1092.

64. Mandamus used to dissolve order restraining labor union from picketing. Amalgamated Meat Cutters, Etc. v. Johnson, 178 Kan. 405, 410, 286 P.2d 182.

65. Original motion to vacate judgment in supreme court denied. In re Estate of Teetzel, 179 Kan. 79, 83, 292 P.2d 1091.

66. When record discloses lack of jurisdiction it is the duty of the supreme court to dismiss the appeal. Edwards v. Edwards, 182 Kan. 737, 741, 324 P.2d 150.

67. Supreme court's duty to dismiss appeal for lack of jurisdiction. Kimel, Executor, v. Briggs, 183 Kan. 315, 317, 328 P.2d 746.

68. Criminal case; appeal notice not served on county attorney; supreme court without jurisdiction. State v. Sims, 184 Kan. 587, 588, 337 P.2d 704.

69. Criminal appeal notice not served on county attorney; supreme court without jurisdiction. State v. Shehi, 185 Kan. 551, 553, 345 P.2d 684.

70. Criminal appeal not taken in time; supreme court without jurisdiction; transcript properly denied. State v. Shores, 185 Kan. 586, 588, 345 P.2d 686.

71. Appellate jurisdiction of supreme court wholly statutory. Common School Dis't No. 86 v. Olathe City School Dis't No. 16, 186 Kan. 512, 513, 351 P.2d 193.

72. The constitution does not guarantee a defendant an appeal to the supreme court. State v. Hanes, 187 Kan. 382, 385, 357 P.2d 819.

73. Supreme court's appellate jurisdiction is determined by statute. McGuire v. McGuire, 190 Kan. 524, 528, 376 P.2d 908.

74. Supreme court without jurisdiction of appeal if appeal notice not served on adverse party. State v. King, 191 Kan. 318, 319, 380 P.2d 325.

75. Court's duty to raise question of its jurisdiction even though not raised by the parties. St. Francis Hospital & School of Nursing v. Lane, 191 Kan. 349, 381 P.2d 353.

76. When record shows supreme court without jurisdiction of appeal it is court's duty to dismiss appeal. State v. Leopard, 191 Kan. 581, 582, 382 P.2d 330.

77. Supreme court has only such appellate jurisdiction as is conferred by statute pursuant to constitution. Materi v. Spurrier, 192 Kan. 291, 292, 387 P.2d 221.

78. Defendant's right of appeal not constitutional. Ware v. State, 198 Kan. 523, 525, 426 P.2d 78.

79. Right of appeal not guaranteed by the constitution; failure to advise of right to appeal violated no constitutional rights. Allen v. State, 199 Kan. 147, 150, 427 P.2d 598.

80. Jurisdiction in proceedings in mandamus is plenary; may be exercised in controlling action of lower courts. Mobil Oil Corporation v. McHenry, 200 Kan. 211, 214, 241, 436 P.2d 982.

81. Supreme court has appellate jurisdiction only as conferred by law; appeal of conviction on guilty plea dismissed under K.S.A. 22-3601. State v. Mitchell, 210 Kan. 470, 471, 502 P.2d 850.

82. Failure to perfect appeal within time prescribed by K.S.A. 60-2103; court lacked jurisdiction. St. Francis Mercantile Equity Exchange, Inc. v. Walter, 211 Kan. 76, 77, 505 P.2d 775. Appeal reinstated; judgment of district court affirmed: 211 Kan. 671, 505 P.2d 775.

83. Dismissal of direct appeal pursuant to K.S.A. 22-3601 provides no basis for K.S.A. 60-1507 relief. Mayberry v. State, 213 Kan. 199, 200, 515 P.2d 819.

84. Under K.S.A. 60-2102, order overruling motion to quash garnishment order not final appealable order. Gulf Ins. Co. v. Bovee, 217 Kan. 586, 587, 538 P.2d 724.

85. Action hereunder challenging constitutionality of K.S.A. 22-3707; Senate rejection of appointment upheld. Leek v. Theis, 217 Kan. 784, 786, 789, 539 P.2d 304.

86. Appeal dismissed where notice not filed within time allowed by K.S.A. 60-2103. Brown v. Brown, 218 Kan. 34, 38, 542 P.2d 332.

87. Failure to comply with K.S.A. 21-4603, 22-3608; appeal dismissed. State v. Thompson, 221 Kan. 165, 167, 558 P.2d 93.

88. Original action in mandamus seeking order directing the county treasurer to refund ad valorem taxes paid under protest; judgment for plaintiff. Cities Serv. Oil Co. v. Board of County Comm'rs., 224 Kan. 183, 184, 578 P.2d 718.

89. Appeal in criminal case not timely filed; appeal dismissed. State v. Moses, 227 Kan. 400, 404, 607 P.2d 477.

90. Cited in supporting case; appellate jurisdiction conferred only by statute. State v. Henning, 3 Kan. App. 2d 607, 608, 599 P.2d 318.

91. County taxing officials' right of appeal from adverse ruling; retroactive application and other provisions of statutes constitutional. Board of Greenwood County Comm'rs v. Nadel, 228 Kan. 469, 480, 618 P.2d 778.

92. Appellate jurisdiction is conferred by statute pursuant hereto; appeal under K.S.A. 60-1507 must be dismissed when record discloses lack of jurisdiction. State v. Ortiz, 230 Kan. 733, 735, 640 P.2d 1255 (1982).

93. Action filed pursuant hereto by attorney general for writ of quo warranto to prevent utilization of K.S.A. 79-331 and challenging constitutionality thereof. State ex rel. Stephan v. Martin, 230 Kan. 747, 748, 641 P.2d 1011 (1982).

94. Action in quo warranto filed pursuant hereto challenging constitutionality of K.S.A. 79-343; supreme court may transfer action to district court or dismiss same. State ex rel. Stephan v. Martin, 230 Kan. 759, 770, 641 P.2d 1020 (1982).

95. Original jurisdiction exercised; mandamus to compel state official to perform duties under Woman's Club lease. Manhattan Buildings, Inc. v. Hurley, 231 Kan. 20, 25, 643 P.2d 87 (1982).

96. District judge cannot appoint inmates to represent other inmates in court proceedings; mandamus powers discussed. State ex rel. Stephan v. O'Keefe, 235 Kan. 1022, 1024, 1036, 686 P.2d 171 (1984).

97. Cited by dissent; majority held appeal time extends 10 days after journal entry on motion to modify sentence (K.S.A. 21-4603, 22-3608). State v. Myers, 10 Kan. App. 2d 266, 275, 697 P.2d 879 (1985).

98. Cited; indigent defendant's right to transcript of sentencing hearing following denial of sentence modification examined. State v. Duckett, 13 Kan. App. 2d 122, 123, 764 P.2d 134 (1988).

99. Proceeding in quo warranto by State ex rel. Attorney General appropriate against person allegedly engaged in unauthorized practice of law. State ex rel. Stephan v. Williams, 246 Kan. 681, 686, 793 P.2d 234 (1990).

100. Racing commission's lack of authority to refund deposit of forfeited licensee (74-8815) determined. State ex rel. Stephan v. Kansas Racing Comm'n, 246 Kan. 708, 716, 792 P.2d 971 (1990).

101. Constitution and Legislature have vested in district courts subject matter jurisdiction for felony cases. State v. Hall, 246 Kan. 728, 756, 793 P.2d 737 (1990).

102. Appeals conferred by statute pursuant to Kansas Constitution; where record discloses lack of jurisdiction, appeals court has duty to dismiss. City of Overland Park v. Travis, 253 Kan. 149, 153, 853 P.2d 47 (1993).

103. Whether defendant may appeal from a denial of motion to withdraw a plea of guilty examined. State v. Flowers, 19 Kan. App. 2d 563, 564, 873 P.2d 226 (1994).

104. Supreme court rules may not be used to expand appellate jurisdiction. Jones v. Continental Can Co., 260 Kan. 547, 558, 920 P.2d 939 (1996).

105. Under facts, mandamus petition to require judge to commit criminal defendant found not guilty by reason of insanity denied. State v. Becker, 264 Kan. 804, 807, 958 P.2d 627 (1998).

106. Right to appeal criminal conviction entirely statutory; court accepts untimely appeal finding an exception to statutory requirement citing Ortiz, 230 Kan. 733. State v. Flynn, 274 Kan. 473, 55 P.3d 324 (2002).

107. Mandamus granted; inquisition action of attorney general to obtain unredacted records of 90 women who obtained abortions denied. Alpha Med. Clinic v. Anderson, 280 Kan. 903, 128 P.3d 364 (2006).

108. Cited; imposition of BIDS attorney fees must be appealed within 10 days of judgment otherwise no appellate jurisdiction. State v. Ehrlich, 286 Kan. 923, 925, 189 P.3d 491 (2008).

109. Cited; court imposes sanctions on former attorney general relating to records taken from attorney general's office. Comprehensive Health of Planned Parenthood v. Kline, 287 Kan. 372, 409, 197 P.3d 370 (2008).

110. Appeal of denial of motion to stay eminent domain jury trial, district court did not lose jurisdiction. Harsch v. Miller, 288 Kan. 280, 200 P.3d 467 (2009).

111. Jurisdiction to entertain an appeal is conferred by statute pursuant to Article 3, Section 3 of Kansas Constitution. In re Adoption of A.A.T., 42 Kan. App. 2d 1, 210 P.3d 640 (2009).

112. Supreme court exercised original jurisdiction in quo warranto because questions were of a sufficient concern to warrant potential relief in quo warranto. State ex rel. Schmidt v. City of Wichita, 303 Kan. 650, 657, 367 P.3d 282 (2016).