DEAN v. FRED'S TOWING

No. 90-239.

801 P.2d 579 (1990)

Donald DEAN, Plaintiff and Respondent, v. FRED'S TOWING, Missoula County Sheriff's Department, Defendants, and Michael R. Hoepfner, Defendant and Appellant.

Supreme Court of Montana.

Decided November 26, 1990.


Attorney(s) appearing for the Case

Terry G. Sehestedt, Barbara Dockery Tremper, Missoula, for defendant and appellant.

Morgan Modine, Missoula, for plaintiff and respondent.


BARZ, Justice.

Appellant, Michael Hoepfner appeals from the denial of his motion to set aside a default judgment issued by the Fourth Judicial District Court, Missoula County, and from the court's ruling that funds in a joint bank account traceable to his spouse's social security benefits are not exempt from execution. We affirm in part, reverse in part and remand.

Appellant raises the following issues on appeal:

1. Did the District Court abuse its...

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