Montana Statutes
§ 25-33-303 — Appeal From Judgment By Default
Montana·Title 25 CIVIL PROCEDURE·Ch. 33 APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS·Part 3 Proceedings in District Court
25-33-303 . Appeal from judgment by default. There is no appeal from a judgment by default rendered in a justice's or city court except on questions of law which appear on the face of the papers or proceedings and except in cases when the justice's or city court has abused its discretion in setting aside or refusing to set aside a default or judgment. If the judgment by default is set aside, the district court must allow pleadings to be filed and try the case.
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Legislative History
En. Sec. 641, p. 170, Bannack Stat.; re-en. Sec. 746, p. 186, Cod. Stat. 1871; re-en. Sec. 806, 1st Div. Rev. Stat. 1879; re-en. Sec. 826, 1st Div. Comp. Stat. 1887; amd. Sec. 1761, C. Civ. Proc. 1895; re-en. Sec. 7122, Rev. C. 1907; re-en. Sec. 9755, R.C.M. 1921; re-en. Sec. 9755, R.C.M. 1935; R.C.M. 1947, 93-7902(part).
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Repealed§ 25-33-302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