2009 Montana Code Annotated
TITLE 25. CIVIL PROCEDURE
CHAPTER 33. APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS
Part 2. Undertaking on Appeal -- Stay of Execution
25-33-204. Stay of execution when undertaking filed.
25-33-204. Stay of execution when undertaking filed. If an execution is issued, on the filing of the undertaking, the justice or judge shall direct the officer to stay all proceedings on the execution. The officer shall, upon the payment of the officer's fees for services rendered on the execution, relinquish all property levied upon and deliver the property to the judgment debtor, together with all money collected from sales or otherwise. If the officer's fees on the execution are not paid, the officer may retain as much of the property or proceeds of the property as may be necessary to pay the fees.
History: En. Sec. 642, p. 170, Bannack Stat.; re-en. Sec. 747, p. 186, Cod. Stat. 1871; re-en. Sec. 807, 1st Div. Rev. Stat. 1879; re-en. Sec. 827, 1st Div. Comp. Stat. 1887; amd. Sec. 1765, C. Civ. Proc. 1895; re-en. Sec. 7126, Rev. C. 1907; re-en. Sec. 9759, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 979; re-en. Sec. 9759, R.C.M. 1935; R.C.M. 1947, 93-7906; amd. Sec. 508, Ch. 56, L. 2009.
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