Montana § 27-17-102 Claim And Delivery In Justice's Court

Montana Statutes

§ 27-17-102 — Claim And Delivery In Justice's Court

Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 17 CLAIM AND DELIVERY OF PERSONAL PROPERTY·Part 1 General Provisions

27-17-102 . Claim and delivery in justice's court. Parts 2, 3, and 4 of this chapter and Rule 55(b)(2), M.R.Civ.P., are applicable to a claim to recover personal property when made in justices' courts, and the powers given in those statutes and rules and the duties imposed on sheriffs are extended to constables and the word "justice" is substituted for "judge". The justice, instead of the plaintiff or the plaintiff's attorney, may, by an endorsement in writing upon the affidavit, order the sheriff or constable to take the property mentioned in the affidavit.

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27-17-102 . Claim and delivery in justice's court. Parts 2, 3, and 4 of this chapter and Rule 55(b)(2), M.R.Civ.P., are applicable to a claim to recover personal property when made in justices' courts, and the powers given in those statutes and rules and the duties imposed on sheriffs are extended to constables and the word "justice" is substituted for "judge". The justice, instead of the plaintiff or the plaintiff's attorney, may, by an endorsement in writing upon the affidavit, order the sheriff or constable to take the property mentioned in the affidavit.

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Legislative History

En. Sec. 572, p. 156, Bannack Stat.; re-en. Sec. 678, p. 172, Cod. Stat. 1871; re-en. Sec. 738, 1st Div. Comp. Stat. 1879; re-en. Sec. 758, 1st Div. Comp. Stat. 1887; amd. Sec. 1570, C. Civ. Proc. 1895; re-en. Sec. 7030, Rev. C. 1907; re-en. Sec. 9663, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 870; re-en. Sec. 9663, R.C.M. 1935; R.C.M. 1947, 93-6912(part); amd. Sec. 659, Ch. 56, L. 2009.