27-17-305. Return of part of the property. Where the plaintiff's affidavit states separately the value of one or more chattels or classes of chattels, the defendant may require, as prescribed in this chapter, the return of any or all of the chattels or classes of chattels the value of which is thus stated or of the portion thereof which has been taken.
History: En. Sec. 856, C. Civ. Proc. 1895; re-en. Sec. 6638, Rev. C. 1907; re-en. Sec. 9236, R.C.M. 1921; re-en. Sec. 9236, R.C.M. 1935; R.C.M. 1947, 93-4117(part).
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 17. Claim and Delivery of Personal Property
Part 3. Procedure Following Seizure by Sheriff
27-17-301. Duty of sheriff to keep and deliver property
27-17-302. Sheriff's return of execution
27-17-303. Exception to plaintiff's sureties -- justification -- liability of sheriff
27-17-304. When defendant may require return of property -- undertaking
27-17-305. Return of part of the property
27-17-306. Justification of defendant's sureties -- liability of sheriff
27-17-307. Procedure for qualification and justification of sureties
27-17-308. Delivery of property to plaintiff if not returned to defendant
27-17-309. Claim of property by third person -- plaintiff to indemnify sheriff
27-17-310. Answer of defendant claiming third person entitled to property
27-17-311. Remedies of plaintiff following delivery by sheriff