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action administrator affiant affidavit Affirmed alleged amount answer appeal application appointment appropriation assignment attorney authority bank bond cause charge cited claim complaint condition consideration constitution contest contract corporation counsel court creditors creek Davis Decided decision defendant denied determine district district court ditch dollars duty entered entitled equity error evidence executors exist facts filed follows further give given granted ground held hold instruction intention interest issue judge judgment jury land matter ment Mont Montana mortgage motion necessary negligence notice objections opinion owner paid parties payment performance person plaintiff possession premises presented probate proceeding provisions question reason received record refused relation respondent rule says statement statute sufficient suit supra sustained testimony thereof tion trial trustee verdict witness
Page 209 - ... and that no adverse claim exists ; and thereafter Opinion of the Court. no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter.
Page 457 - In determining the value of land appropriated for public purposes, the same considerations are to be regarded as in a sale of property between private parties. The inquiry in such cases must be, what is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference to the uses to which it is plainly adapted; that is to say, what is it worth from its availability for valuable uses.
Page 320 - ... on real estate, or of judgments or decrees in its favor; all deposits of money, bullion, or other valuable thing for its use, or for the use of any of its shareholders or creditors; and all payments of money to either, made after the commission of an act of insolvency or in contemplation thereof...
Page 471 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 150 - A witness is presumed to speak the truth. This presumption, however, may be repelled by the manner in which he testifies, by the character of his testimony, or by evidence affecting his character for truth, honesty, or integrity, or his motives, or by contradictory evidence; and the judges are the exclusive judges of his credibility.
Page 87 - In making the appointment of a special administrator, the court or judge must give preference to the person entitled to letters testamentary or of administration, but. no appeal must be allowed from the appointment.
Page 174 - ... a memorandum of the items of his costs and necessary disbursements in the action or proceeding...
Page 412 - It is not enough that there may have been some indications by outcroppings on the surface, of the existence of lodes or veins of rock in place bearing gold or silver or other metal, to justify their designation as ' known
Page 51 - It is mutually agreed that all the covenants and agreements herein contained shall extend to and be obligatory upon the heirs, executors, administrators, and assigns of the respective parties.
Page 37 - A ministerial duty, the performance of which may, in proper cases, be required of the head of a department, by judicial process, is one in respect to which nothing is left to discretion. It is a simple, definite duty, arising under conditions admitted or proved to exist, and imposed by law.