27-28-304. Whose rights determined in judgment. Judgment may be rendered upon the right of the defendant and also upon the right of the person averred to be entitled, as provided in 27-28-302, or only upon the right of the defendant, as justice requires.
History: En. Sec. 1415, C. Civ. Proc. 1895; re-en. Sec. 6948, Rev. C. 1907; re-en. Sec. 9581, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 805; re-en. Sec. 9581, R.C.M. 1935; R.C.M. 1947, 93-6406(part).
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Part 3. Actions by Private Persons for Usurpation of Office
27-28-301. When action may be commenced -- undertaking for security
27-28-302. Contents of complaint
27-28-303. Who may be made defendants
27-28-304. Whose rights determined in judgment
27-28-305. No stay of judgment of ouster pending appeal
27-28-306. Rights of prevailing party to take office and demand books and papers
27-28-307. Refusal to turn over books and papers punishable as contempt