Legal Opinion

Milbank Mutual Insurance v. Eagleman

Montana Supreme Court

Decided September 12, 1985No. 84-507PublishedCited by 18 opinions

1Opinion of the CourtJustice Weber

The Roosevelt County District Court entered a default judgment in favor of Milbank Mutual Insurance Company (Milbank) on December 9, 1983. Appellant, Melvin Eagleman, Jr. (Eagleman), appeals. We reverse.

The issues are:

1. Was Eagleman’s notice of appeal timely filed with this Court?

2. Did the District Court have subject matter jurisdiction?

Eagleman is an enrolled member of the Fort Peck Sioux and Assiniboine Tribes and resides on the Fort Peck Reservation. Eagleman took a 1981 Ford Thunderbird without the permission of the owner, plaintiff’s insured, Lawrence F. Blackdog. Eagleman damaged the…

2Cases cited5 opinions

  1. Williams v. LeeSupreme Court of the United States · 1959
  2. White Mountain Apache Tribe v. BrackerSupreme Court of the United States · 1980
  3. R.J. Williams Company, Richard J. Williams and Fireman's Fund Insurance Company v. Fort Belknap Housing AuthorityCourt of Appeals for the Ninth Circuit · 1983
  4. State Ex Rel. Bear v. District Court of the Fifteenth Judicial District Ex Rel. County of RooseveltMontana Supreme Court · 1973
  5. Zell v. ZellMontana Supreme Court · 1977

3Cited by18 opinions

  1. Iowa Mutual Insurance v. LaPlanteSupreme Court of the United States · 1987
  2. In Re Marriage of SkillenMontana Supreme Court · 1998
  3. Byzewski v. ByzewskiNorth Dakota Supreme Court · 1988
  4. In Re Estate of Big SpringMontana Supreme Court · 2011
  5. Lozeau v. GEICO Indemnity Co.Montana Supreme Court · 2009

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