25-10-107. Costs when tender was made before commencement of action. When, in an action for the recovery of money only, the defendant alleges in the answer that before the commencement of the action the defendant tendered to the plaintiff the full amount to which the plaintiff was entitled and deposits in court for the plaintiff the amount tendered and the allegation is found to be true, the plaintiff cannot recover costs but shall pay costs to the defendant.
History: En. Sec. 409, p. 127, Bannack Stat.; amd. Sec. 478, p. 229, L. 1867; re-en. Sec. 554, p. 148, Cod. Stat. 1871; re-en. Sec. 491, p. 170, L. 1877; re-en. Sec. 491, 1st Div. Rev. Stat. 1879; re-en. Sec. 504, 1st Div. Comp. Stat. 1887; re-en. Sec. 1858, C. Civ. Proc. 1895; re-en. Sec. 7161, Rev. C. 1907; re-en. Sec. 9794, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1030; re-en. Sec. 9794, R.C.M. 1935; R.C.M. 1947, 93-8609; amd. Sec. 427, Ch. 56, L. 2009.
Structure Montana Code Annotated
25-10-101. When costs allowed, of course, to plaintiff
25-10-102. When costs allowed, of course, to defendant
25-10-103. When costs discretionary
25-10-104. When costs of appeal discretionary
25-10-105. Costs of review other than by appeal
25-10-106. Several defendants not united in interest
25-10-107. Costs when tender was made before commencement of action
25-10-108. Imposing costs on party acting as representative
25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions -- costs