Montana Code 25-4-401. Counterclaim by person sued in representative capacity
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25-4-401. Counterclaim by person sued in representative capacity. In an action against an executor, administrator, or other person sued in a representative capacity, the defendant may set forth as a counterclaim a demand belonging to the decedent or other person whom the executor, administrator, or person represents when the person so represented would have been entitled to set forth the counterclaim in an action against the person.
Terms Used In Montana Code 25-4-401
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Executor: A male person named in a will to carry out the decedent
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201