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Code · Montana · Title 25 — Civil Procedure · Chapter 4 · Part 6

25-4-602. Judgment for excess when plaintiff admits counterclaim.

76 words·~1 min read·/mt/title-25/chapter-4/part-6/25-4-602·

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25-4-602 . Judgment for excess when plaintiff admits counterclaim. In an action upon contract when the complaint demands judgment for a sum of money only, if the defendant by the answer does not deny the plaintiff's claim but sets up a counterclaim amounting to less than the plaintiff's claim, the plaintiff, upon filing with the clerk an admission of the counterclaim, may take judgment for the excess, as upon a default for want of an answer.
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