C. Cox v. Rodney E. Arnold, Claude Burlingame, Rocky Mountain Bank of Plains, and Russell B. Icenoggle

Summary

The Montana Supreme Court dismissed Cox's appeal from the dismissal of a complaint seeking to set aside a sheriff's sale of real property. The court held that the corporation holding title, rather than Cox individually, was the real party in interest, and that a non-attorney could not appeal on the corporation's behalf.

Holdings

1. Cox was not the real party in interest because 1804, Inc., held legal title to the property and was therefore the proper party to assert the claim.
2. Cox could not prosecute the appeal on behalf of 1804, Inc. because a corporation may not appear or appeal through a non-attorney agent.

Questions Presented

1. Whether Cox was the real party in interest entitled to challenge the sheriff's sale of property titled in the corporation's name.
2. Whether Cox, as a non-attorney, could prosecute an appeal on behalf of the corporation.

Disposition

dismissed