Younger v. Mitchell

The opinion of the court was delivered by

Holmes, J.:

Troy L. Younger obtained a default judgment for $5,000 against Joseph D. Mitchell in an automobile collision negligence action filed under K.S.A. 61-1601 et seq., the Code of Civil Procedure for Limited Actions. Mitchell challenges neither the underlying facts of the negligence claim nor the default judgment itself. At issue in this appeal is whether certain funds belonging to Mitchell were improperly subjected to garnishment for the purpose of partial satisfaction of the judgment.

At Younger’s request as judgment creditor, an order of…