Coward v. Smith

Holmes, J.:

This appeal involves a determination of whether monies due an independent contractor for construction services constitute earnings within the meaning of K.S.A. 1980 Supp. 60-2310(a)(1) and are thus partially exempt from garnishment. Jesse Coward obtained a judgment against appellant, Paul LeRoy Smith, in the amount of $12,500.00. Smith is in the roofing and general contracting business and contracted with Hardee’s Family Restaurant to reroof two of its buildings. Appellee, Jesse Coward, issued a garnishment to Hardee’s and it filed an answer revealing that Hardee’s was indebted to…