EMERSON v. BOYD

No. 90-346.

805 P.2d 587 (1991)

Robert C. EMERSON, Plaintiff and Appellant, v. Terry L. BOYD, d/b/a Boyd Brothers Trucking, Defendant and Respondent.

Supreme Court of Montana.

Decided February 14, 1991.


Attorney(s) appearing for the Case

Robert G. Olson, Frisbee, Moore, Stufft & Olson, Cut Bank, for plaintiff and appellant.

Mary L. Zemyan, Wolf Point, for defendant and respondent.


WEBER, Justice.

Robert C. Emerson, plaintiff, sued Terry L. Boyd, defendant, for breach of contract in the District Court for the Fifteenth Judicial District, Roosevelt County. Plaintiff secured a default judgment against defendant for $12,849.04, plus costs of $99.90. Plaintiff levied execution upon defendant's bank account. Upon motion the District Court concluded that the civil jurisdiction of the case had been preempted...

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