Kovacich v. Norgaard

This is an appeal from an Order of the District Court of the Tenth Judicial District of the State of Montana in and for Fergus County. The Court set aside defendant’s Writ of Prohibition, permitting plaintiff to proceed with the sale of a motor vehicle previously subject to execution. We affirm.

The single issue on appeal is whether the District Court erred in allowing Kovacich to proceed with the sale of the vehicle in question.

A complaint filed by Kovacich in January, 1983, alleged Norgaard’s failure to make payments to Kovacich for the purchase of farm machinery. After a bench trial, the…