Legal Opinion

Whirry v. Swanson

Montana Supreme Court

Decided August 24, 1992No. 91-608PublishedCited by 9 opinions

1Opinion of the CourtJustice Gray

This is an appeal from an Order of the Eleventh Judicial District Court, Flathead County, granting defendant/respondent’s Motion for Judgment on the Pleadings and dismissing the action with prejudice. We affirm.

*250The issues on appeal are:

1. Did the District Court err in concluding that res judicata barred the action before it?

2. Did the District Court’s application of res judicata violate Whirry’s right to due process?

ABC Collectors brought an action injustice court against appellant Judy Whirry (Whirry) for payment of a medical debt owed by Whirry. Whirry filed an answer in which she admitted…

2Cases cited7 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. Filler v. Richland CountyMontana Supreme Court · 1991
  3. Higham v. City of Red LodgeMontana Supreme Court · 1991
  4. Baertsch v. County of Lewis and ClarkMontana Supreme Court · 1986
  5. Hughes v. SaloMontana Supreme Court · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Traders State Bank of Poplar v. MannMontana Supreme Court · 1993
  2. State Ex Rel. Harlem Irrigation District v. Montana Seventeenth Judicial District CourtMontana Supreme Court · 1995
  3. Olympic Coast Investment Inc. v. WrightMontana Supreme Court · 2005
  4. Tisher v. Norwest Capital Management & Trust Co.Montana Supreme Court · 1993
  5. Greenwood v. Steve Nelson Trucking, Inc.Montana Supreme Court · 1995

4 more not listed; retrieve them via the Exa API.

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