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 28
... agreed by and between the parties hereto as follows : " 1. That the cause be taken by appeal to the supreme court of the Territory , upon the decision and order of the judge of said district court setting aside the report of the referee ...
... agreed by and between the parties hereto as follows : " 1. That the cause be taken by appeal to the supreme court of the Territory , upon the decision and order of the judge of said district court setting aside the report of the referee ...
Page 53
... agreed on by the parties , or certified by the court , as con- templated by our statute . The clerk has entered the costs in the judgment rendered , and the presumption is that they were properly ascertained and taxed . The memorandum ...
... agreed on by the parties , or certified by the court , as con- templated by our statute . The clerk has entered the costs in the judgment rendered , and the presumption is that they were properly ascertained and taxed . The memorandum ...
Page 84
... said Allen to this plaintiff ; that , at the special instance and request of said defendant , this plaintiff agreed to take the said defendant for the payment of the said sum due from the said Allen to 84 [ Dec. T. , LEE v . HUDSON .
... said Allen to this plaintiff ; that , at the special instance and request of said defendant , this plaintiff agreed to take the said defendant for the payment of the said sum due from the said Allen to 84 [ Dec. T. , LEE v . HUDSON .
Page 118
... agreed upon by the whole of the jurors , " approved January 15 , 1869 , is unconstitutional and void in actions at common law , in which the value at controversy exceeds $ 20 . TRIAL BY JURY . A trial by jury is a trial by a tribunal of ...
... agreed upon by the whole of the jurors , " approved January 15 , 1869 , is unconstitutional and void in actions at common law , in which the value at controversy exceeds $ 20 . TRIAL BY JURY . A trial by jury is a trial by a tribunal of ...
Page 120
... agreed to cancel a certain mort- gage made by him , whenever E. & B. Morse wanted Dunphy to do so ; the paper was signed E. M. Dunphy ; I recog- nized the handwriting as Dunphy's ; I think the amount of the mortgage was stated , but don ...
... agreed to cancel a certain mort- gage made by him , whenever E. & B. Morse wanted Dunphy to do so ; the paper was signed E. M. Dunphy ; I recog- nized the handwriting as Dunphy's ; I think the amount of the mortgage was stated , but don ...
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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.