27-15-102. Availability of provisional remedies to defendant interposing counterclaim. Whenever the defendant interposes a counterclaim and thereupon demands an affirmative judgment against the plaintiff, his right to a provisional remedy is the same as it would be in an action brought by him against the plaintiff for the cause of action stated in the counterclaim and demanding the same judgment. For the purpose of applying to such a case the provisions of chapters 15 through 20 of this title and chapter 8 of Title 25, the defendant is considered the plaintiff, the plaintiff is considered the defendant, and the counterclaim so set forth in the answer is considered the complaint.

     History: En. Sec. 981, C. Civ. Proc. 1895; re-en. Sec. 6709, Rev. C. 1907; re-en. Sec. 9312, R.C.M. 1921; re-en. Sec. 9312, R.C.M. 1935; R.C.M. 1947, 93-4602; amd. Sec. 36, Ch. 12, L. 1979.