State Ex Rel. Carrington v. Schutts

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from an order of the district court sustaining defendant’s motion to dismiss the action for lack of personal jurisdiction in a paternity proceeding brought pursuant to K. S. A. 38-1101, et seq.

At issue is whether an act of sexual intercourse between consenting parties which resulted in the conception and birth of a child in the state of Kansas constitutes “[t]he commission of a tortious act within this state” within the meaning of the long-arm statute K. S. A. 60-308 (b) (2), so as to give the district court personal…