Laws, Resolutions, and Memorials of the Territory of Montana Passed at the 1st-16th SessionJournal, 1877 - Law |
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Page 42
... defendant who has or claims an interest in the controversy adverse to the plaintiff , or who is a necessary party to ... defendants , and if the judgment be for the plaintiff , he may have a writ for the possession of the premises as ...
... defendant who has or claims an interest in the controversy adverse to the plaintiff , or who is a necessary party to ... defendants , and if the judgment be for the plaintiff , he may have a writ for the possession of the premises as ...
Page 44
... defendant against whom an action is pending upon a contract , or for specific , real , or personal property , may at any time before answer , upon affidavit that a person not a party to the action , and without col- lusion with him ...
... defendant against whom an action is pending upon a contract , or for specific , real , or personal property , may at any time before answer , upon affidavit that a person not a party to the action , and without col- lusion with him ...
Page 52
... defendants , or any of them , may reside at the commencement of the action , or where the plaintiff resides , and the ... defendant or de- fendants may be about to depart from the territory , such action may be tried in any county where ...
... defendants , or any of them , may reside at the commencement of the action , or where the plaintiff resides , and the ... defendant or de- fendants may be about to depart from the territory , such action may be tried in any county where ...
Page 54
... defendants who reside in different counties , may have a summons issued for each of such counties at the same time . But at any time within the year after the complaint is filed , the defendant may , in writing or by appearing and ...
... defendants who reside in different counties , may have a summons issued for each of such counties at the same time . But at any time within the year after the complaint is filed , the defendant may , in writing or by appearing and ...
Page 55
... defendant appear and answer the complaint within ten days , if the summons is served within the county in which the action is brought ; within twenty days , if served out of the county , but in the district in which the action is ...
... defendant appear and answer the complaint within ten days , if the summons is served within the county in which the action is brought ; within twenty days , if served out of the county , but in the district in which the action is ...
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Common terms and phrases
action affidavit allowed amend amount appear application appointed Approved February attorney auditor authorized board of county bonds cause certified chapter claim clerk copy corporation costs county commissioners county treasurer court or judge debts decedent deemed Deer Lodge county defendant devise district court duty election enacted entitled erty execution executor or administrator filed fund Gallatin county governor granted guardian hereby hundred dollars interest issued judgment judgment debtor jurisdiction jury Legislative Assembly letters letters testamentary liability lien manner ment Missoula county Montana Territory notice oath paid party payment person or persons personal property petition plaintiff prescribed probate court probate judge proceedings real estate real property record residence sheriff sold summons supreme court sureties territorial treasurer Territory of Montana testamentary thereafter therein thereof thereto tion trial United unless votes ward warrant witness writ
Popular passages
Page 16 - The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office...
Page 42 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 43 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 16 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water...
Page 156 - Upon an appeal from a judgment or order, the Appellate Court may reverse, affirm or modify the judgment or order appealed from, in the respect mentioned in the notice of appeal, and as to any or all of the parties...
Page 196 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 24 - Writs of error and appeals from the final decisions of said Supreme Court shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States...
Page 201 - A husband cannot be examined for or against his wife without her consent; nor a wife for or against her husband, without his consent ; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage...
Page 137 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 96 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.