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Montana · Through Montana Code Annotated 2025

25-4-602: Judgment for excess when plaintiff admits counterclaim.

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Where this section sits in the code
  1. TITLE 25. CIVIL PROCEDURE
  2. CHAPTER 4. PLEADINGS, MOTIONS, AND OTHER PAPERS
  3. Part 6. Procedure After Claims Partially Admitted

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.

Collected 2026-09-14T04:50:01Z. Source file · JSON

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