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

Montana Code Annotated 2019

TITLE 25. CIVIL PROCEDURE

CHAPTER 4. PLEADINGS, MOTIONS, AND OTHER PAPERS

Part 6. Procedure After Claims Partially Admitted

Judgment For Excess When Plaintiff Admits Counterclaim

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.

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.