70-27-111. Parties defendant. (1) A person, other than the tenant of the premises and a subtenant, if there is one, occupying the premises when the complaint is filed need not be made a party defendant in the proceeding, and a proceeding may not abate or the plaintiff be nonsuited for the nonjoinder of any person who might have been made a party defendant. However, when it appears that any of the parties served with process or appearing in the proceeding is guilty of the offense charged, judgment must be rendered against that party.
(2) If a defendant has become a subtenant of the premises in controversy after the service of the notice provided for by 70-27-108(2) upon the tenant of the premises, the fact that the notice was not served on each subtenant does not constitute a defense to the action.
(3) If a married person is a tenant or subtenant, failure to join the person's spouse does not constitute a defense. However, if the spouse is not joined, an execution issued upon a personal judgment against the tenant or subtenant may be enforced only against property on the premises at the commencement of the action or against property that is owned solely by the tenant or subtenant and not by the tenant's or subtenant's spouse.
(4) All persons who enter the premises after the commencement of the action are bound by the judgment in the same manner as if they had been made party to the action.
History: En. Sec. 2085, C. Civ. Proc. 1895; re-en. Sec. 7274, Rev. C. 1907; re-en. Sec. 9892, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1164; re-en. Sec. 9892, R.C.M. 1935; amd. Sec. 58, Ch. 535, L. 1975; R.C.M. 1947, 93-9706; amd. Sec. 2194, Ch. 56, L. 2009; amd. Sec. 35, Ch. 19, L. 2011.
Structure Montana Code Annotated
Chapter 27. Forcible Entry and Detainer Unlawful Detainer
Part 1. Definitions and Preliminary Procedure
70-27-101. Application and jurisdiction
70-27-102. Forcible entry defined
70-27-103. Forcible detainer defined
70-27-104. Tenancy at will -- termination by notice
70-27-105. Remedies of landlord after notice
70-27-106. Reentry -- when and how to be made
70-27-107. Action for possession under right of reentry -- notice not required
70-27-108. Unlawful detainer defined
70-27-109. General rules of practice applicable
70-27-110. Service of notice -- how made
70-27-112. Applicability of general provisions on parties
70-27-113. Complaint and summons
70-27-114. Summons -- contents -- service