Harder v. Estate of Foster

118,845 IN THE COURT OF APPEALS OF THE STATE OF KANSAS EVELYN HARDER, Appellant, v. ESTATE OF RONALD H. FOSTER, et al., Appellees. SYLLABUS BY THE COURT 1. Section 5 of the Kansas Constitution Bill of Rights preserves the common law right to a jury trial as it existed at the time of its adoption. 2. At common law, there was no right to recover attorney fees and expenses in a civil action. As a result, Section 5 of the Kansas Constitution Bill of Rights does not guarantee the right to a jury trial to determine whether attorney fees and expenses should be awarded or to determine a reasonable…