25-31-907. Judgment when counterclaim has been established. Where a counterclaim is established which equals the plaintiff's demand, the judgment must be in favor of the defendant. Where it is less than the plaintiff's demand, the plaintiff must have judgment for the residue only. Where it exceeds the plaintiff's demand, the defendant must have judgment for the excess.
History: En. Sec. 1627, C. Civ. Proc. 1895; re-en. Sec. 7053, Rev. C. 1907; re-en. Sec. 9686, R.C.M. 1921; re-en. Sec. 9686, R.C.M. 1935; R.C.M. 1947, 93-7308.
Structure Montana Code Annotated
Chapter 31. Procedure in Justices' Courts
25-31-906. Judgment when amount found due exceeds the jurisdiction of the court
25-31-907. Judgment when counterclaim has been established
25-31-908. Judgment when defendant subject to arrest
25-31-909. and 25-31-910 reserved