YOUNGER v. MITCHELL

No. 62,358

245 Kan. 204 (1989)

777 P.2d 789

TROY L. YOUNGER, Appellee, v. JOSEPH D. MITCHELL, Appellant, and FARMERS STATE BANK, Garnishee.

Supreme Court of Kansas.

Opinion filed July 14, 1989.


Attorney(s) appearing for the Case

David Belling, of Hays Legal Services, of Hays, argued the cause and was on the brief for the appellant.

There was no appearance by appellee, Troy L. Younger, or garnishee, Farmers State Bank.


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...

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