27-2-407. When action terminated or judgment reversed. If an action is commenced within the time limited for the action and a judgment is reversed on appeal without awarding a new trial or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the plaintiff's representative may commence a new action for the same cause after the expiration of the time limited and within 1 year after a reversal or termination.
History: En. Sec. 17, p. 469, Bannack Stat.; re-en. Sec. 15, p. 518, Cod. Stat. 1871; re-en. Sec. 51, p. 50, L. 1877; re-en. Sec. 51, 1st Div. Rev. Stat. 1879; re-en. Sec. 51, 1st Div. Comp. Stat. 1887; amd. Sec. 547, C. Civ. Proc. 1895; re-en. Sec. 6464, Rev. C. 1907; re-en. Sec. 9054, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 355; re-en. Sec. 9054, R.C.M. 1935; R.C.M. 1947, 93-2708; amd. Sec. 602, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 2. Statutes of Limitations
Part 4. Circumstances Which Extend Period of Limitations
27-2-401. When person entitled to bring action is under a disability
27-2-402. When defendant is out of state
27-2-403. Actions involving aliens in time of war
27-2-404. When party dies before action commenced
27-2-405. When controversy submitted to arbitration
27-2-406. When action stayed by injunction or other order or statutory prohibition
27-2-407. When action terminated or judgment reversed