25-10-107. Costs when tender was made before commencement of action. When, in an action for the recovery of money only, the defendant alleges in the answer that before the commencement of the action the defendant tendered to the plaintiff the full amount to which the plaintiff was entitled and deposits in court for the plaintiff the amount tendered and the allegation is found to be true, the plaintiff cannot recover costs but shall pay costs to the defendant.

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Terms Used In Montana Code 25-10-107

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.