Montana § 25-13-105 Compelling Repayment -- Surety On Appeal

Montana Statutes

§ 25-13-105 — Compelling Repayment -- Surety On Appeal

Montana·Title 25 CIVIL PROCEDURE·Ch. 13 EXECUTION OF JUDGMENT·Part 1 Right to Enforcement of Judgment

25-13-105 . Compelling repayment -- surety on appeal. Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, the surety is substituted to the rights of the judgment creditor and is entitled to control, enforce, and satisfy the judgment in all respects as if the surety had recovered the judgment.

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25-13-105 . Compelling repayment -- surety on appeal. Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, the surety is substituted to the rights of the judgment creditor and is entitled to control, enforce, and satisfy the judgment in all respects as if the surety had recovered the judgment.

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Legislative History

En. Sec. 1903, C. Civ. Proc. 1895; re-en. Sec. 7197, Rev. C. 1907; re-en. Sec. 9830, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1059; re-en. Sec. 9830, R.C.M. 1935; R.C.M. 1947, 93-8715; amd. Sec. 439, Ch. 56, L. 2009.