70-28-108. Prerequisites to decree against defendant not present. Before the plaintiff is entitled to a decree in an action against any defendant who does not appear in the action, the plaintiff shall produce evidence sufficient to prima facie entitle the plaintiff to relief. The relief may be granted only to the extent to which the evidence prima facie proves the plaintiff to be entitled to the relief. However, this provision may not affect the procedure in or manner of trial of the actions as between the plaintiff and any defendant who appears in the action.
History: En. Sec. 2, Ch. 113, L. 1915; re-en. Sec. 9487, R.C.M. 1921; amd. Sec. 2, Ch. 55, L. 1923; re-en. Sec. 9487, R.C.M. 1935; R.C.M. 1947, 93-6210(part); amd. Sec. 2202, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 28. Quieting Title to Real Property
Part 1. Quieting Title Generally
70-28-101. Quiet title action authorized
70-28-102. General procedural provisions applicable
70-28-104. Parties defendant -- unknown claimants
70-28-105. Maintenance of action when no known claimants
70-28-106. Notice of action to be filed with clerk and recorder
70-28-107. Jurisdiction acquired by service -- complete adjudication -- judgment
70-28-108. Prerequisites to decree against defendant not present
70-28-109. Who bound by judgment
70-28-110. When value of improvements may be allowed as setoff
70-28-111. Termination of plaintiff's right during action -- damages for withholding