Centennial Brewing Co. v. Rouleau, 49 Mont. 490 (1914)

The appeal of the plaintiff presents the single question [7] whether the court erred in refusing to order judgment for treble damages. Since the ease must be tried again, we shall not consider the question presented, further than to say that the provision of the statute (Rev. Codes, sec. 7283) is explicit: “The jury, or the court if the proceeding be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent; and the judgment shall be rendered against the defendant, guilty of the forcible entry, or forcible or unlawful detainer, for three times the amount of the damages thus assessed, and of the rent found due.” Therefore, in such cases, the court has no discretion, but must follow the mandate of the legislature here laid down. If the unlawful detainer is proven and damages are awarded, a judgment for treble the amount of the award follows as a matter of course.