Montana Statutes
§ 25-5-104 — Action Against Business Association
25-5-104 . Action against business association. When two or more persons associated in any business transact such business under a common name, whether it comprise the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates; and the judgment in the action shall bind the joint property of all the associates in the same manner as if all had been named defendants and had been sued upon their joint liability.
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Legislative History
En. Sec. 439, p. 132, Bannack Stat.; re-en. Sec. 596, p. 157, Cod. Stat. 1871; amd. Sec. 25, p. 44, L. 1877; re-en. Sec. 25, 1st Div. Rev. Stat. 1879; re-en. Sec. 25, 1st Div. Comp. Stat. 1887; re-en. Sec. 590, C. Civ. Proc. 1895; re-en. Sec. 6497, Rev. C. 1907; re-en. Sec. 9089, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 388; re-en. Sec. 9089, R.C.M. 1935; R.C.M. 1947, 93-2827.
Nearby Sections
9
§ 25-5-101
Names Of Parties§ 25-5-102
Use Of Abbreviated Names§ 25-5-103
Suing Party By Fictitious Name§ 25-5-104
Action Against Business Association§ 25-5-201
Capacity Of Married Person To Be A Party§ 25-5-202
Who May Defend When Spouse Sued§ 25-5-301
Appointment Of Guardian