NYGARD v. HILLSTEAD

No. 13756.

591 P.2d 643 (1979)

Arthur G. NYGARD and Arlene Nygard, Plaintiffs and Respondents, v. Wayne A. HILLSTEAD, Betty L. Hillstead and Jerrie H. Coyle, Defendants and Appellants.

Supreme Court of Montana.

Decided March 7, 1979.


Attorney(s) appearing for the Case

Murry & Holt, Harold L. Holt, argued, Goldman & McChesney, Missoula, for defendants and appellants.

Mulroney, Delaney, Dalby & Mudd, Dexter L. Delaney, argued, Missoula, for plaintiffs and respondents.


SHEA, Justice.

Wayne A. and Betty L. Hillstead, defendants, appeal from a District Court judgment which directed the parties to the action to sell certain Seeley Lake real property and divide the proceeds equally between them.

Several issues are raised in this appeal, but the dispositive issue is our conclusion that the defendants were denied due process of law because the trial court prematurely terminated the trial without giving the defendants an opportunity...

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