Montana § 25-4-401 Counterclaim By Person Sued In Representative Capacity

Montana Statutes

§ 25-4-401 — Counterclaim By Person Sued In Representative Capacity

Montana·Title 25 CIVIL PROCEDURE·Ch. 4 PLEADINGS, MOTIONS, AND OTHER PAPERS·Part 4 Counterclaim and Cross-Claim

25-4-401 . Counterclaim by person sued in representative capacity. In an action against an executor, administrator, or other person sued in a representative capacity, the defendant may set forth as a counterclaim a demand belonging to the decedent or other person whom the executor, administrator, or person represents when the person so represented would have been entitled to set forth the counterclaim in an action against the person.

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25-4-401 . Counterclaim by person sued in representative capacity. In an action against an executor, administrator, or other person sued in a representative capacity, the defendant may set forth as a counterclaim a demand belonging to the decedent or other person whom the executor, administrator, or person represents when the person so represented would have been entitled to set forth the counterclaim in an action against the person.

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Legislative History

En. Sec. 695, C. Civ. Proc. 1895; re-en. Sec. 6545, Rev. C. 1907; re-en. Sec. 9142, R.C.M. 1921; re-en. Sec. 9142, R.C.M. 1935; R.C.M. 1947, 93-3406; amd. Sec. 393, Ch. 56, L. 2009.