Montana Statutes
§ 27-26-304 — Applicant's Response To Answer
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 26 MANDAMUS -- WRIT OF MANDATE·Part 3 Procedure Upon Return of Writ
27-26-304 . Applicant's response to answer. On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may contradict it by proof, either in direct denial or by way of avoidance.
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Legislative History
En. Sec. 389, p. 123, Bannack Stat.; re-en. Sec. 448, p. 224, L. 1867; re-en. Sec. 524, p. 142, Cod. Stat. 1871; re-en. Sec. 554, p. 183, L. 1877; re-en. Sec. 554, 1st Div. Rev. Stat. 1879; re-en. Sec. 572, 1st Div. Comp. Stat. 1887; re-en. Sec. 1967, C. Civ. Proc. 1895; re-en. Sec. 7220, Rev. C. 1907; re-en. Sec. 9854, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1091; re-en. Sec. 9854, R.C.M. 1935; R.C.M. 1947, 93-9108.
Nearby Sections
15
§ 27-26-101
Name Of Writ§ 27-26-102
When And By Whom Issued§ 27-26-103
Application Of Rules Of Procedure§ 27-26-201
Application For Writ§ 27-26-202
Notice Of Application§ 27-26-203
Form And Content Of Writ§ 27-26-205
Service Of Writ§ 27-26-206
Enforcement Of Writ -- Penalty§ 27-26-301
Time For Return And Hearing§ 27-26-302
Answer Of Adverse Party§ 27-26-303
Jury Trial§ 27-26-304
Applicant's Response To Answer§ 27-26-305
Motion For New Trial§ 27-26-306
Argument To Proceed If No New Trial