2009 Montana Code Annotated
TITLE 25. CIVIL PROCEDURE
CHAPTER 13. EXECUTION OF JUDGMENT
Part 1. Right to Enforcement of Judgment
25-13-105. Compelling repayment -- surety on appeal.
25-13-105. Compelling repayment -- surety on appeal. Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, the surety is substituted to the rights of the judgment creditor and is entitled to control, enforce, and satisfy the judgment in all respects as if the surety had recovered the judgment.
History: En. Sec. 1903, C. Civ. Proc. 1895; re-en. Sec. 7197, Rev. C. 1907; re-en. Sec. 9830, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1059; re-en. Sec. 9830, R.C.M. 1935; R.C.M. 1947, 93-8715; amd. Sec. 439, Ch. 56, L. 2009.
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