Montana Statutes
§ 25-33-204 — Stay Of Execution When Undertaking Filed
Montana·Title 25 CIVIL PROCEDURE·Ch. 33 APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS·Part 2 Undertaking on Appeal -- Stay of Execution
25-33-204 . Stay of execution when undertaking filed. If an execution is issued, on the filing of the undertaking, the justice or judge shall direct the officer to stay all proceedings on the execution. The officer shall, upon the payment of the officer's fees for services rendered on the execution, relinquish all property levied upon and deliver the property to the judgment debtor, together with all money collected from sales or otherwise. If the officer's fees on the execution are not paid, the officer may retain as much of the property or proceeds of the property as may be necessary to pay the fees.
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Legislative History
En. Sec. 642, p. 170, Bannack Stat.; re-en. Sec. 747, p. 186, Cod. Stat. 1871; re-en. Sec. 807, 1st Div. Rev. Stat. 1879; re-en. Sec. 827, 1st Div. Comp. Stat. 1887; amd. Sec. 1765, C. Civ. Proc. 1895; re-en. Sec. 7126, Rev. C. 1907; re-en. Sec. 9759, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 979; re-en. Sec. 9759, R.C.M. 1935; R.C.M. 1947, 93-7906; amd. Sec. 508, Ch. 56, L. 2009.
Nearby Sections
15
§ 25-33-101
Exclusive Method Of Review§ 25-33-102
Time For Appeal§ 25-33-103
How Appeal Taken§ 25-33-104
Papers To Be Transmitted§ 25-33-201
Undertaking On Appeal§ 25-33-202
Undertaking When Prevailing Party Appeals§ 25-33-203
Justification Of Sureties§ 25-33-204
Stay Of Execution When Undertaking Filed§ 25-33-205
Deposit Of Money In Lieu Of Undertaking§ 25-33-206
Waiver Of Undertaking Or Deposit§ 25-33-207
Defective Undertaking§ 25-33-208
Repealed§ 25-33-302
Procedure Upon Reversal On Issue Of Law§ 25-33-303
Appeal From Judgment By Default