Reports of Cases Argued and Determined in the Supreme Court of Montana Territory ..., Volume 1Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) Bancroft-Whitney Company, 1873 - Law reports, digests, etc |
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Page 40
... action in which Hutchinson is plaintiff and appellee , and Columbus Hampton and others are defendants and appel- lants . It appears from the record that Norval Harrison et al . were plaintiffs , and J. M. Chase et al . defendants in an ...
... action in which Hutchinson is plaintiff and appellee , and Columbus Hampton and others are defendants and appel- lants . It appears from the record that Norval Harrison et al . were plaintiffs , and J. M. Chase et al . defendants in an ...
Page 49
... action . GARNISHEE when protected by stay of execution . If an action is pending between M. and W. , and W. is served with garnishment as the debtor of M. in an attachment suit subsequently commenced , the court should proceed with the ...
... action . GARNISHEE when protected by stay of execution . If an action is pending between M. and W. , and W. is served with garnishment as the debtor of M. in an attachment suit subsequently commenced , the court should proceed with the ...
Page 56
... action ; but the whole pleading was treated as an answer ; and we hold that , in this case , we would not be justified in saying there is no affidavit for an attachment . The third point presented by the appellant is , that the ...
... action ; but the whole pleading was treated as an answer ; and we hold that , in this case , we would not be justified in saying there is no affidavit for an attachment . The third point presented by the appellant is , that the ...
Page 65
... action . The affidavit of King recites that he had seen a power of attorney to Carter from respondent , which had been sent him by telegraph . Waiving all objections to the proving of a power of attorney sent by telegraph , he does not ...
... action . The affidavit of King recites that he had seen a power of attorney to Carter from respondent , which had been sent him by telegraph . Waiving all objections to the proving of a power of attorney sent by telegraph , he does not ...
Page 104
... action ? If he did , he waived any summons to appear . What is a general appear- ance in an action ? A party coming into court in an action without limiting the object for which he comes in . The signing of such a stipulation as the one ...
... action ? If he did , he waived any summons to appear . What is a general appear- ance in an action ? A party coming into court in an action without limiting the object for which he comes in . The signing of such a stipulation as the one ...
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Common terms and phrases
affidavit affirmed agreement alleged amended amount answer appellants appropriation assigned attorneys authority averment bond Bow creek CHUMASERO & CHADWICK Clarke County commenced common law complaint contract court erred creek damages Davis debt decree deed Deer Lodge county defendants demurrer denied district court Dunphy entitled equity error evidence execution facts filed findings gold dust grant gulch HIRAM KNOWLES indorsement injunction interest issue judgment jurisdiction jury KNOWLES land legislative assembly Lewis and Clarke liable lien Madison County Meagher county ment mining ground Montana Montana Territory mortgage motion notice organic act overruled owner paid Park ditch parties payment person plaintiff pleadings possession Prac promissory note question record recover refused rendered replevin respondent rule sheriff statute suit sureties sustained SYMES term Territory Territory of Montana testimony thereof Third District tion trial undertaking verdict Virginia City void warrant
Popular passages
Page 494 - That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians...
Page 653 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 642 - That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.
Page 126 - That the Constitution, and all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States...
Page 659 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrue'd water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by this section.
Page 106 - That the legislative power of the territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act...
Page 689 - ... together with all and singular the tenements, hereditaments, and appurtenances thereto belonging or in any wise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof...
Page 404 - It is further agreed and understood by and between the parties hereto, that...
Page 412 - ... local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Page 623 - Parties may agree in writing for the payment of any rate of interest whatever on money due or to become due on any contract. Any judgment rendered on such contract shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment.