Peterson v. Montana Bank of Bozeman, NA

Hilda M. Peterson brought an action under Rule 60(b), M.R.Civ.P., in the District Court, Eighteenth Judicial District, Gallatin County, for declaratory relief from a default judgment and subsequent sheriff’s sale of Peterson’s property. The District Court entered summary judgment against Peterson on the grounds that the default judgment was res judicata, and that Peterson’s independent action was a collateral attack upon the default judgment.

We hold on appeal that the principles of res judicata and collateral attack do not apply to the default judgment obtained against Peterson because that…