Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volume 39Bancroft-Whitney Company, 1891 |
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Page 42
... statute . ( Revised Codes , secs . 2412 et seq . ) Same Statutory Provisions - Failure to Comply with - When Immaterial . 2. In his application to the district court asking the appointment of special commissioners to determine the ...
... statute . ( Revised Codes , secs . 2412 et seq . ) Same Statutory Provisions - Failure to Comply with - When Immaterial . 2. In his application to the district court asking the appointment of special commissioners to determine the ...
Page 49
... Code Civ . Proc . 1902 , sec . 1919. ) In this state such an association may be sued in the common name ( Revised Codes , sec . 6497 ) ; but no- where in our Code is there authority for suing such an association in the name of its ...
... Code Civ . Proc . 1902 , sec . 1919. ) In this state such an association may be sued in the common name ( Revised Codes , sec . 6497 ) ; but no- where in our Code is there authority for suing such an association in the name of its ...
Page 59
... ( Revised Codes , sec . 8536. ) Section 705 of the Penal Code of 1895 declared that mining cages , subject to the provisos mentioned , should be protected by an iron bonnet . This was amended by the Act of 1897 ( Laws 1897 , p . 245 ) ...
... ( Revised Codes , sec . 8536. ) Section 705 of the Penal Code of 1895 declared that mining cages , subject to the provisos mentioned , should be protected by an iron bonnet . This was amended by the Act of 1897 ( Laws 1897 , p . 245 ) ...
Page 61
... statute for the protection of the public ( Civil Code 1895 , sec . 908 [ Revised Codes , sec . 4289 ] ) was chargeable with negligence . There can be no distinction between the effect of a statute designed to protect the public ...
... statute for the protection of the public ( Civil Code 1895 , sec . 908 [ Revised Codes , sec . 4289 ] ) was chargeable with negligence . There can be no distinction between the effect of a statute designed to protect the public ...
Page 64
... law was uniform as to all persons operating such laundries , there was no denial of the equal protection of the laws . Same - Laundries - Discrimination . 5. Section 2776 , Revised Codes , imposing a license fee of $ 10 per quarter upon ...
... law was uniform as to all persons operating such laundries , there was no denial of the equal protection of the laws . Same - Laundries - Discrimination . 5. Section 2776 , Revised Codes , imposing a license fee of $ 10 per quarter upon ...
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Common terms and phrases
38 Mont affidavit Affirmed agreement alleged amended amount Appeal from District Attorney Bank bill bonds Butte Caplice cause of action CHIEF JUSTICE BRANTLY clerk complaint Constitution contention contract contributory negligence corporation counsel County Seat court of equity damages deceased defendant defendant's delivered the opinion district court ditch drain commissioner elected entitled equity error evidence ex rel fact favor fendant filed ground held indebtedness instruction issue judge judgment jurisdiction juror jury JUSTICE SMITH land McHatton ment motion negligence Northern Pacific Northern Pacific Railway notice oral order denying parties plaintiff pleading proof purchase purpose question quiet title railway company reason record recover refused respondent Revised Codes rule Silver Bow County statute submitted sufficient supra supreme court Sweet Grass county testified testimony thereof tion trial court trustees verdict Winstanley witness Yellowstone County Yergy
Popular passages
Page 31 - In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.
Page 118 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 136 - An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.
Page 96 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be .ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 142 - Cut the value of property results from the use to which it is put, and varies with the profitableness of that use, present and prospective, actual and anticipated. There is no pecuniary value outside of that which results from such use.
Page 71 - ... repeating this from day to day, tends to injurious effects upon the body, and as healthy mothers are essential to vigorous offspring, the physical wellbeing of woman becomes an object of public interest and care in order to preserve the strength and vigor of the race. "Still again, history discloses the fact that woman has always been dependent upon man. He established his control at the outset by superior physical strength, and this control in various forms, with diminishing intensity, has continued...
Page 235 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Page 9 - I have only to add that the facts of this case do not bring it within the principle laid down in Stubbs v.
Page 167 - Examiners, with power to examine all claims against the State, except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law. And no...
Page 72 - The two sexes differ in structure of body, in the functions to be performed by each, in the amount of physical strength, in the capacity for long continued labor, particularly when done standing, the influence of vigorous health upon the future wellbeing of the race, the self-reliance which enables one to assert full rights, and in the capacity to maintain the struggle for subsistence.