Page images
PDF
EPUB

PREFACE.

THE Territory of Montana was organized by the act of Congress, approved May 26, 1864. The ninth section of this act vests the judicial power in a supreme court, district courts, probate courts and justices of the peace. The supreme court consists of a chief justice and two associate justices.

The first term of the supreme court of Montana was held in Virginia City, the "seat of government" of the Territory, and commenced on May 17, 1865. During the terms that were held from May, 1865, to December, 1868, the opinions of the court in the cases that were determined were rarely delivered in writing. Orders were generally made that the judgment of the court below should be affirmed or reversed. Written opinions were filed in every case that was decided from the December term, 1868, to the January term, 1873. The records of the court before the December term, 1868, are imperfect, and the pleadings, briefs and papers, in a majority of the causes that were heard before this term, cannot be found. this volume contains a report of the

For these reasons cases which were

argued and determined in the supreme court of the Territory from the December term, 1868, to the January term, 1873.

The act of the legislature, that provides for the reporting of the decisions of the supreme court, was approved January 4, 1872. The second section provides that "the report of such cases shall contain concise notes of the points

decided, a statement of the facts taken from the record, when the same are not fully given in the opinion of the court, the names of the counsel, and the opinion of the court." In addition to the duty of reporting the "names of the counsel," an abstract of the briefs of the counsel has been prepared. In performing this labor the reporter regrets that he has been compelled to do an injustice to the attorneys by publishing a digest in lieu of their arguments.

[blocks in formation]
[blocks in formation]

Langford vs. King.

Largey, McCormick vs

Latta, Cornell vs....

Parks vs. Barkley.

Lamb vs. Gaston & S. G. & S. M. Co., 64 Pemberton, Caruthers vs

33 Peterson, Atchison vs.

514

111

561

[blocks in formation]

Lee vs. Hudson

Lincoln vs. Rodgers

84 Rader vs. Ervin..

632

217 Rankin vs. Campbell

300

« PreviousContinue »