Montana Statutes
§ 27-1-502 — Survival Of Counterclaim -- Death Or Assignment
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 1 AVAILABILITY OF REMEDIES -- LIABILITY·Part 5 Right to Bring Action or Assert Defense
27-1-502 . Survival of counterclaim -- death or assignment. When cross-demands have existed between persons under such circumstances that if one had brought an action against the other a counterclaim could have been set up, the two demands shall be deemed compensated so far as they equal each other and neither can be deprived of the benefit thereof by the assignment or death of the other.
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Legislative History
En. Sec. 48, p. 52, Bannack Stat.; re-en. Sec. 48, p. 143, L. 1867; re-en. Sec. 58, p. 39, Cod. Stat. 1871; re-en. Sec. 89, p. 61, L. 1877; re-en. Sec. 89, 1st Div. Rev. Stat. 1879; re-en. Sec. 91, 1st Div. Comp. Stat. 1887; amd. Sec. 698, C. Civ. Proc. 1895; re-en. Sec. 6548, Rev. C. 1907; re-en. Sec. 9145, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 440; re-en. Sec. 9145, R.C.M. 1935; R.C.M. 1947, 93-3409.
Nearby Sections
15
§ 27-1-101
Judicial Remedies Defined§ 27-1-102
Actions And Special Proceedings Defined§ 27-1-103
Civil And Criminal Actions§ 27-1-104
Bases For Civil Actions§ 27-1-105
Obligation Defined§ 27-1-106
Injury Defined§ 27-1-107
Kinds Of Relief -- When Given§ 27-1-1101
Definition§ 27-1-1102
Duty To Warn Of Violent Behavior§ 27-1-1103
Immunity From Liability§ 27-1-1501
Short Title§ 27-1-1502
Findings -- Purpose§ 27-1-1503
Civil Action§ 27-1-1504
Reserved§ 27-1-1505
Liens