Windholz v. Willis

Foth, J.:

This appeal raises the constitutionality of the small claims procedure act (K.S.A. 61-2701 et seq.) as it existed from January 10, 1977, until April 27, 1977. The issue arises because during that period neither party to small claims litigation was entitled to appear by or with counsel at any stage during which evidence was introduced, and no trial by jury was obtainable.

This lawsuit was commenced on November 11, 1976, in the former magistrate court of Reno county. In her petition Mrs. Windholz sought out-of-pocket expenses and compensation for inconvenience and embarrassment…