Montana Statutes
§ 25-10-107 — Costs When Tender Was Made Before Commencement Of Action
25-10-107 . Costs when tender was made before commencement of action. When, in an action for the recovery of money only, the defendant alleges in the answer that before the commencement of the action the defendant tendered to the plaintiff the full amount to which the plaintiff was entitled and deposits in court for the plaintiff the amount tendered and the allegation is found to be true, the plaintiff cannot recover costs but shall pay costs to the defendant.
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Legislative History
En. Sec. 409, p. 127, Bannack Stat.; amd. Sec. 478, p. 229, L. 1867; re-en. Sec. 554, p. 148, Cod. Stat. 1871; re-en. Sec. 491, p. 170, L. 1877; re-en. Sec. 491, 1st Div. Rev. Stat. 1879; re-en. Sec. 504, 1st Div. Comp. Stat. 1887; re-en. Sec. 1858, C. Civ. Proc. 1895; re-en. Sec. 7161, Rev. C. 1907; re-en. Sec. 9794, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1030; re-en. Sec. 9794, R.C.M. 1935; R.C.M. 1947, 93-8609; amd. Sec. 427, Ch. 56, L. 2009.
Nearby Sections
15
§ 25-10-101
When Costs Allowed, Of Course, To Plaintiff§ 25-10-102
When Costs Allowed, Of Course, To Defendant§ 25-10-103
When Costs Discretionary§ 25-10-104
When Costs Of Appeal Discretionary§ 25-10-105
Costs Of Review Other Than By Appeal§ 25-10-106
Several Defendants Not United In Interest§ 25-10-201
Costs Generally Allowable§ 25-10-202
Costs Of Motion§ 25-10-203
Costs Of Postponement