The Montana Digest: A Brief Digest of All the Decisions of the Supreme Court of the Territory and State of Montana Reported in Volumes 1 to 32, Inclusive, of the Montana Reports |
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Other editions - View all
The Montana Digest: A Brief Digest of All the Decisions of the Supreme Court ... Thomas a Mapes No preview available - 2016 |
Common terms and phrases
29 Mont 30 Mont action admissible affidavit alleged amended amount appeal assignment attachment attorney authority bank bill of exceptions bond cause of action certificate charge chattel chattel mortgage claim clerk Code Civ Comp complaint Const contract corporation costs creditors criminal damages debt deceased defective defendant defendant's demurrer dence disbarment dismissed district court entitled error evidence execution fact fees fendant filed fraud granted ground harmless error Held indictment instructions issue judge judgment roll jurisdiction jurors jury liability lien ment Mining Montana mortgage motion murder nonsuit notice objection party payment pendente lite person plaintiff pleadings possession probate court Proc proceedings prosecution providing purchase question quired record recover refusing rule Stat statement statute stockholders subd sufficient supreme court Territory testified testimony thereof tiff tion transcript verdict viding void witness writ
Popular passages
Page 355 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 295 - ... no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
Page 306 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than...
Page 21 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law; and the occupation of the...
Page 94 - The following acts or omissions, in respect to a Court of justice, or proceedings therein, are contempts of the authority of the Court: 1. Disorderly, contemptuous, or insolent behavior toward the Judge while holding the Court, tending to interrupt the due course of a trial or other judicial proceeding; 2.
Page 92 - Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
Page 336 - 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 358 - ... it will be presumed, in the absence of a showing to the contrary, that the parties to the contract intended to provide for a just result.
Page 67 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 336 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant...