Section 25-15-106 – Trial of issues – limit on verdict

May 13, 2021 | Civil Procedure, Montana

The issues formed may be tried as in other cases. However, when the defendant denies in the answer any liability on the obligation upon which the judgment was rendered, if a verdict is found against the defendant, the judgment may not be in excess of the amount remaining unsatisfied on the original judgment, with interest on that amount.

ยง 25-15-106, MCA

En. Sec. 296, p. 105, Bannack Stat.; re-en. Sec. 351, p. 205, L. 1867; re-en. Sec. 425, p. 119, Cod. Stat. 1871; re-en. Sec. 451, p. 161, L. 1877; re-en. Sec. 451, 1st Div. Rev. Stat. 1879; re-en. Sec. 464, 1st Div. Comp. Stat. 1887; re-en. Sec. 1785, C. Civ. Proc. 1895; re-en. Sec. 7134, Rev. C. 1907; re-en. Sec. 9767, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 994; re-en. Sec. 9767, R.C.M. 1935; R.C.M. 1947, 93-8106; amd. Sec. 491, Ch. 56, L. 2009.