Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volume 15Bancroft-Whitney Company, 1895 - Law reports, digests, etc |
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Results 1-5 of 46
Page 5
... assignments of error in the record of less impor- tance than these already noted , but we do not consider it neces- sary to treat them in detail . The judgment appealed from will be reversed , and the cause remanded for new trial ...
... assignments of error in the record of less impor- tance than these already noted , but we do not consider it neces- sary to treat them in detail . The judgment appealed from will be reversed , and the cause remanded for new trial ...
Page 22
... assign certain alleged errors in the adjudication thereof . Those assigned on the part of defendants will be first considered . The object of the action is to obtain judgment in favor of plaintiff against the Obelisk Mining and ...
... assign certain alleged errors in the adjudication thereof . Those assigned on the part of defendants will be first considered . The object of the action is to obtain judgment in favor of plaintiff against the Obelisk Mining and ...
Page 27
... assignment of error presented on behalf of plaintiff is that the trial court , by its ruling and decree , restricted plain- tiff's lien to the precise material and machinery furnished by it , and used in the construction of said ...
... assignment of error presented on behalf of plaintiff is that the trial court , by its ruling and decree , restricted plain- tiff's lien to the precise material and machinery furnished by it , and used in the construction of said ...
Page 56
... assignments of error in this record . The appellant contends and urges that the evidence shows that time was of the essence of the contract , and that the evidence shows that the plaintiff failed to comply with its terms in many ...
... assignments of error in this record . The appellant contends and urges that the evidence shows that time was of the essence of the contract , and that the evidence shows that the plaintiff failed to comply with its terms in many ...
Page 75
... assignments are considered in the opinion below . Thompson & Maddox , for Appellant . I. The court virtually charged the jury that they must acquit the defendant unless testimony of the prosecutrix was corroborated . This was error ...
... assignments are considered in the opinion below . Thompson & Maddox , for Appellant . I. The court virtually charged the jury that they must acquit the defendant unless testimony of the prosecutrix was corroborated . This was error ...
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Common terms and phrases
13 Mont action administrator affiant affidavit Affirmed alleged amendment appeal application appointment appropriation assignment attorney bank bond cited Civil Procedure complaint constitution contest contract corporation counsel court of equity creditors deed Deer Lodge County default defendant defendant's demurrer denied district court ditch dollars Doremus duty entitled error evidence executors facts February 11 filed Flathead county Gallatin County ground handcar held injury interest judge judgment Judicial District jurisdiction jury Keogh land lien lode MCHATTON ment Middle creek mining claim Missoula county Montana mortgage motion negligence notice objections opinion owner parties payment person placer plaintiff possession premises Probate Practice Act provisions purpose question Railroad real estate reason refused respondent Root and Cummings Sheffield and Davis Sheffield and Henry sheriff Silver Bow County Stats suit supra sustained testimony therein thereof tion trial trustee verdict void witness WITT writ
Popular passages
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.