25-10-108. Imposing costs on party acting as representative. In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or person expressly authorized by statute, costs may be recovered as in an action by and against a person prosecuting or defending in the person's own right. However, the costs must, by the judgment, be made chargeable only upon the estate, fund, or party represented unless the court directs the costs to be paid by the plaintiff or defendant personally for mismanagement or bad faith in the action or defense.
History: En. Sec. 410, p. 127, Bannack Stat.; re-en. Sec. 479, p. 230, L. 1867; re-en. Sec. 555, p. 148, Cod. Stat. 1871; re-en. Sec. 492, p. 170, L. 1877; re-en. Sec. 492, 1st Div. Rev. Stat. 1879; re-en. Sec. 505, 1st Div. Comp. Stat. 1887; re-en. Sec. 1859, C. Civ. Proc. 1895; re-en. Sec. 7162, Rev. C. 1907; re-en. Sec. 9795, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1031; re-en. Sec. 9795, R.C.M. 1935; R.C.M. 1947, 93-8610; amd. Sec. 428, 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