Montana Statutes

§ 25-13-303 — Execution When Only Some Of Defendants Served

Montana § 25-13-303
JurisdictionMontana
Title 25CIVIL PROCEDURE
Ch. 13EXECUTION OF JUDGMENT
Part 3Contents of Writ

This text of Montana § 25-13-303 (Execution When Only Some Of Defendants Served) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mont. Code Ann. § 25-13-303 (2026).

Text

25-13-303 . Execution when only some of defendants served. When a writ of execution is issued on a judgment recovered against two or more persons in an action upon a joint contract, in which action all the defendants were not served with summons or did not appear, it must direct the sheriff or levying officer to satisfy the judgment out of the joint property of all the defendants and the individual property only of the defendants who were served or who appeared in the action.

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Legislative History

En. Sec. 185, p. 80, Bannack Stat.; amd. Sec. 211, p. 177, L. 1867; re-en. Sec. 252, p. 81, Cod. Stat. 1871; re-en. Sec. 303, p. 119, L. 1877; re-en. Sec. 303, 1st Div. Rev. Stat. 1879; re-en. Sec. 314, 1st Div. Comp. Stat. 1887; re-en. Sec. 1212, C. Civ. Proc. 1895; re-en. Sec. 6815, Rev. C. 1907; re-en. Sec. 9418, R.C.M. 1921; re-en. Sec. 9418, R.C.M. 1935; R.C.M. 1947, 93-5803; amd. Sec. 20, Ch. 548, L. 1987.

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Bluebook (online)
Montana § 25-13-303, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/13/25-13-303.