Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 5. PARTIES · Part 1. Designation of Parties
Montana Code Annotated

Mont. Code Ann. § 25-5-104 (2026)

Action Against Business Association

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 5
  4. Part 1
  5. 25-5-104 Action against business association

TITLE 25. CIVIL PROCEDURE

CHAPTER 5. PARTIES

Part 1. Designation of Parties

Action Against Business Association

25-5-104. Action against business association. When two or more persons associated in any business transact such business under a common name, whether it comprise the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates; and the judgment in the action shall bind the joint property of all the associates in the same manner as if all had been named defendants and had been sued upon their joint liability.

History: En. Sec. 439, p. 132, Bannack Stat.; re-en. Sec. 596, p. 157, Cod. Stat. 1871; amd. Sec. 25, p. 44, L. 1877; re-en. Sec. 25, 1st Div. Rev. Stat. 1879; re-en. Sec. 25, 1st Div. Comp. Stat. 1887; re-en. Sec. 590, C. Civ. Proc. 1895; re-en. Sec. 6497, Rev. C. 1907; re-en. Sec. 9089, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 388; re-en. Sec. 9089, R.C.M. 1935; R.C.M. 1947, 93-2827.

Notes of Decisions
Cited in 8 cases, 1983–2005 · leading case: Ioerger v. Reiner, 2005 MT 155 (Mont. 2005).
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Ioerger v. Reiner, 2005 MT 155 (Mont. 2005). · cites it 5× “That statute provides: When two or more persons associated in any business transact such business under a common name, whether it comprise the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of…”
Steinke v. Safeco Ins. Co. of Am., 270 F. Supp. 2d 1196 (D. Mont. 2003). · cites it 4× “Plaintiff relies on Mont.Code Ann. § 25-5-104 1 to connect these different Safeco entities and as a basis for Steinke’s standing against them.”
MacPheat v. Schauf, 2002 MT 23 (Mont. 2002). · cites it 16× “¶15 Further, for purposes of designating FIGC as a named defendant, § 25-5-104, MCA, contains language strikingly similar in tone and effect to Oklahoma’s statute referenced above.”
Decker Coal Co. v. Commonwealth Edison Co., 714 P.2d 155 (Mont. 1986). · cites it 3× “For instance, under Section 25-5-104, MCA, a partnership may be sued in its own name.”
Jerry Martin & Assocs., Inc. v. Don's Westland Bulk, 884 P.2d 795 (Mont. 1994). · cites it 10× “Section 25-5-104, MCA, states: Action against a business association.”
Norick v. Dove Constr., 662 P.2d 1318 (Mont. 1983). · cites it 6× “" Section 25-5-104, MCA. Substantively, there is a substantial question whether or not a partner has a right to sue the partnership.”
State v. Johnson, 660 P.2d 101 (Mont. 1983). · cites it 3× “Section 25-5-104, MCA, prohibits the use or operation of slot machines.”
Gary Energy Corp. v. Metro Oil Prods., 114 F.R.D. 69 (D. Utah 1987). “Mont.Code Ann. § 25-5-104 states: When two or more persons associated in any business transact such business under a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in *71 such cases being served on…”
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