HOYT v. EKLUND

No. 91-011.

815 P.2d 1140 (1991)

John C. HOYT, Plaintiff and Respondent, v. Russell G. EKLUND, d/b/a Eklund Enterprises, Defendant and Appellant.

Supreme Court of Montana.

Decided July 25, 1991.


Attorney(s) appearing for the Case

John C. Doubek, Small, Hatch, Doubek & Pyfer, Helena, for defendant and appellant.

John C. Hoyt, Hoyt & Blewett, Great Falls, for plaintiff and respondent.


HUNT, Justice.

Defendant and appellant, Russell G. Eklund, doing business as Eklund Enterprises, appeals from an order of the District Court of the Eighth Judicial District, Cascade County, denying his motion to set aside a default and default judgment. We reverse and vacate the default and default judgment.

The issues raised on appeal are as follows:

1. Did the District Court err in refusing to set aside a default judgment entered by the clerk of...

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