Blackmore v. Dunster
Annotate this CaseTina Blackmore filed a complaint against Marvin Dunster alleging damages arising from an assault and unlawful restraint. The district court entered a judgment against Dunster. Dunster subsequently filed an unrelated personal injury action in the district court. While that case was pending, the clerk of the district court issued a writ of execution directing a levying officer to satisfy the balance due to Blackmore out of Dunster's personal property. The writ specifically instructed the officer to seize and sell Dunster's personal injury cause of action. Blackmore purchased Dunster's cause of action for fifty dollars. The district court set aside the sale of Dunster's cause of action on the ground that a personal injury action was not subject to levy before judgment was entered. The Supreme Court affirmed, holding that Montana law does not allow the levy or sale of a personal injury cause of action before judgment is entered.
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