Montana § 27-16-1006 Defense Against Order Of Arrest

Montana Statutes

§ 27-16-1006 — Defense Against Order Of Arrest

Montana § 27-16-1006

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 16ARREST AND BAIL IN CIVIL ACTIONS

Part 10Arrest in Civil Actions in Justice's Court

This text of Montana § 27-16-1006 (Defense Against Order Of Arrest) 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. § 27-16-1006 (2026).

Text

27-16-1006 . Defense against order of arrest. The defendant may file an answer, under oath, putting in issue the facts stated in the affidavit for the order of arrest, which may be tried by the court unless a jury is demanded; and the plaintiff must be held to establish the facts. If the plaintiff fails to establish the facts, the order of arrest must be dismissed and the defendant may proceed upon the undertaking of the plaintiff for damages occasioned by the arrest. The defendant may apply to the court to be discharged from arrest upon the ground of the insufficiency of the papers on which the order of arrest was granted.

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27-16-1006 . Defense against order of arrest. The defendant may file an answer, under oath, putting in issue the facts stated in the affidavit for the order of arrest, which may be tried by the court unless a jury is demanded; and the plaintiff must be held to establish the facts. If the plaintiff fails to establish the facts, the order of arrest must be dismissed and the defendant may proceed upon the undertaking of the plaintiff for damages occasioned by the arrest. The defendant may apply to the court to be discharged from arrest upon the ground of the insufficiency of the papers on which the order of arrest was granted.

Legislative History

En. Sec. 567, p. 155, Bannack Stat.; re-en. Sec. 673, p. 171, Cod. Stat. 1871; re-en. Sec. 733, 1st Div. Rev. Stat. 1879; re-en. Sec. 753, 1st Div. Comp. Stat. 1887; re-en. Sec. 1545, C. Civ. Proc. 1895; re-en. Sec. 7024, Rev. C. 1907; re-en. Sec. 9657, R.C.M. 1921; re-en. Sec. 9657, R.C.M. 1935; R.C.M. 1947, 93-6906; amd. Sec. 657, Ch. 56, L. 2009.