City of Bonner Springs v. Clark

Foth, C.J.:

The issue in this case is whether an appeal from a conviction in municipal court may be taken by filing a notice of appeal in district court rather than in the municipal court as prescribed by statute.

On April 27, 1977, the appellants Bill and Sandy Clark were convicted in municipal court of violating ordinances of the City of Bonner Springs and were fined a total of $150.00. They sought to appeal and secure a stay of the judgment as authorized by K.S.A. 12-4601, part of the 1973 code of procedure for municipal courts. The procedure to be followed is designated by K.S.A. 12-4602:

“An…