Montana Statutes
§ 27-26-402 — Judgment For Applicant
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 26 MANDAMUS -- WRIT OF MANDATE·Part 4 Judgment
27-26-402 . Judgment for applicant. If judgment is given for the applicant:
(1)the applicant may recover the damages that the applicant has sustained, as found by the jury or as determined by the court or referees, if a reference was ordered, together with costs;
(2)an execution may issue for the damages and costs; and
(3)a peremptory mandate must be awarded without delay.
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Legislative History
En. Sec. 393, p. 124, Bannack Stat.; re-en. Sec. 452, p. 225, L. 1867; re-en. Sec. 528, p. 143, Cod. Stat. 1871; re-en. Sec. 558, p. 183, L. 1877; re-en. Sec. 558, 1st Div. Rev. Stat. 1879; re-en. Sec. 576, 1st Div. Comp. Stat. 1887; re-en. Sec. 1971, C. Civ. Proc. 1895; re-en. Sec. 7224, Rev. C. 1907; re-en. Sec. 9858, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1095; amd. Sec. 1, Ch. 5, L. 1925; re-en. Sec. 9858, R.C.M. 1935; R.C.M. 1947, 93-9112(part); amd. Sec. 57, Ch. 12, L. 1979; amd. Sec. 723, Ch. 56, L. 2009.
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