Montana § 26-3-205 Effect Of Judgments Of Other Foreign Tribunals

Montana Statutes

§ 26-3-205 — Effect Of Judgments Of Other Foreign Tribunals

Montana § 26-3-205

Title 26EVIDENCE

Ch. 3EFFECT OF FORMER JUDGMENTS AND ORDERS

Part 2Effect of Specific Kinds of Judicial Records

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Bluebook

Mont. Code Ann. § 26-3-205 (2026).

Text

26-3-205 . Effect of judgments of other foreign tribunals. The effect of the judgment of any other tribunal of a foreign country having jurisdiction to pronounce the judgment is as follows:

(1)In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing.

(2)In case of a judgment against a person, the judgment is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title and can only be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.

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26-3-205 . Effect of judgments of other foreign tribunals. The effect of the judgment of any other tribunal of a foreign country having jurisdiction to pronounce the judgment is as follows:
(1) In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing.
(2) In case of a judgment against a person, the judgment is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title and can only be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.

Legislative History

En. Sec. 3203, C. Civ. Proc. 1895; re-en. Sec. 7921, Rev. C. 1907; re-en. Sec. 10565, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1915; re-en. Sec. 10565, R.C.M. 1935; R.C.M. 1947, 93-1001-27.