Montana Bank of Roundup, N.A. v. Benson

This is an appeal from an order issued in the Tenth Judicial District, the Honorable Peter L. Rapkoch presiding, in and for Petroleum County, Montana, denying defendants’ motion to set aside the default and judgment of default entered in favor of the plaintiffs. We reverse and remand.

The single issue presented by appellants is whether the court erred in denying the Bensons’ motion to set aside default and judgment by default.

The defendants/appellants, John and Pam Benson, own and operate a ranch near Melstone, Montana. Their principal source of revenue is sale of sheep and horses. They had…