Judgment may be rendered upon the right of the defendant and also upon the right of the person averred to be entitled, as provided in 27-28-302, or only upon the right of the defendant, as justice requires.
Mont. Code Ann. § 27-28-304, under Actions by Private Persons for Usurpation of Office.
Mont. Code Ann. § 27-28-304
Judgment may be rendered upon the right of the defendant and also upon the right of the person averred to be entitled, as provided in 27-28-302, or only upon the right of the defendant, as justice requires.