Montana Code 27-15-101. When plaintiff may be required to elect among arrest, injunction, and attachment
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27-15-101. When plaintiff may be required to elect among arrest, injunction, and attachment. When an application for an order of arrest, injunction order, and writ of attachment or two of them is made in the same action against the same defendant and it satisfactorily appears that, under the particular circumstances of the case, two or all of them are not necessary for the plaintiff’s security, the court or judge may, in the court’s or judge’s discretion, require the plaintiff to elect between them.
Terms Used In Montana Code 27-15-101
- Arrest: Taking physical custody of a person by lawful authority.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Plaintiff: The person who files the complaint in a civil lawsuit.