BENHAM v. WOLTERMANN

No. 82-134.

653 P.2d 135 (1982)

Robert S. BENHAM as receiver of Manufacturers and Wholesalers Indemnity Exchange, Plaintiff and Appellant, v. Agnes WOLTERMANN, Gary G. Woltermann and Ronald Lee Woltermann, Defendants and Respondents.

Supreme Court of Montana.

Decided November 3, 1982.


Attorney(s) appearing for the Case

Hauf and Forsythe, Billings, John Hollow, Helena, Sidney Delong, argued, Denver, Colo., for plaintiff and appellant.

Thomas E. Boland, argued, Great Falls, for defendants and respondents.


HARRISON, Justice.

Appellant, Benham, filed a complaint in the Thirteenth Judicial District in and for the County of Yellowstone, on May 29, 1981, to collect on a judgment taken against respondents, the Woltermanns, in Colorado on October 21, 1980. The Woltermanns let the Colorado judgment be taken against them by default. When the complaint on the judgment was filed in Montana District Court, the Woltermanns moved for summary judgment. The Montana District Court...

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