27-1-502. Survival of counterclaim -- death or assignment. When cross-demands have existed between persons under such circumstances that if one had brought an action against the other a counterclaim could have been set up, the two demands shall be deemed compensated so far as they equal each other and neither can be deprived of the benefit thereof by the assignment or death of the other.
History: En. Sec. 48, p. 52, Bannack Stat.; re-en. Sec. 48, p. 143, L. 1867; re-en. Sec. 58, p. 39, Cod. Stat. 1871; re-en. Sec. 89, p. 61, L. 1877; re-en. Sec. 89, 1st Div. Rev. Stat. 1879; re-en. Sec. 91, 1st Div. Comp. Stat. 1887; amd. Sec. 698, C. Civ. Proc. 1895; re-en. Sec. 6548, Rev. C. 1907; re-en. Sec. 9145, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 440; re-en. Sec. 9145, R.C.M. 1935; R.C.M. 1947, 93-3409.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 1. Availability of Remedies -- Liability
Part 5. Right to Bring Action or Assert Defense
27-1-501. Survival of cause of action or defense -- death or disability or transfer of interest
27-1-502. Survival of counterclaim -- death or assignment
27-1-503. What defenses to action survive assignment of right to action
27-1-504. through 27-1-510 reserved
27-1-511. Right of minor to bring civil action or other proceeding
27-1-512. Action by parent or guardian for injury to child or ward
27-1-513. Action for wrongful death
27-1-514. Who may sue for whose seduction
27-1-515. Protection of personal relations -- abduction