Montana § 25-4-602 Judgment For Excess When Plaintiff Admits Counterclaim

Montana Statutes

§ 25-4-602 — Judgment For Excess When Plaintiff Admits Counterclaim

Montana § 25-4-602

Title 25CIVIL PROCEDURE

Ch. 4PLEADINGS, MOTIONS, AND OTHER PAPERS

Part 6Procedure After Claims Partially Admitted

This text of Montana § 25-4-602 (Judgment For Excess When Plaintiff Admits Counterclaim) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 25-4-602 (2026).

Text

25-4-602 . Judgment for excess when plaintiff admits counterclaim. In an action upon contract when the complaint demands judgment for a sum of money only, if the defendant by the answer does not deny the plaintiff's claim but sets up a counterclaim amounting to less than the plaintiff's claim, the plaintiff, upon filing with the clerk an admission of the counterclaim, may take judgment for the excess, as upon a default for want of an answer.

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25-4-602 . Judgment for excess when plaintiff admits counterclaim. In an action upon contract when the complaint demands judgment for a sum of money only, if the defendant by the answer does not deny the plaintiff's claim but sets up a counterclaim amounting to less than the plaintiff's claim, the plaintiff, upon filing with the clerk an admission of the counterclaim, may take judgment for the excess, as upon a default for want of an answer.

Legislative History

En. Sec. 703, C. Civ. Proc. 1895; re-en. Sec. 6553, Rev. C. 1907; re-en. Sec. 9150, R.C.M. 1921; re-en. Sec. 9150, R.C.M. 1935; R.C.M. 1947, 93-3414; amd. Sec. 91, Ch. 575, L. 1981; amd. Sec. 399, Ch. 56, L. 2009.