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 15
... elected , qualified , and acting trustee of the said Green- wood Mining & Milling Company and as such trustee , and not otherwise , made and delivered said note , and that in making and delivering said note this defendant acted only as ...
... elected , qualified , and acting trustee of the said Green- wood Mining & Milling Company and as such trustee , and not otherwise , made and delivered said note , and that in making and delivering said note this defendant acted only as ...
Page 81
... elect to have additional work performed and material furnished vitiates the same . We cannot say from the contract itself that either county will see fit to exercise this option , and there is nothing in the agreed statement of facts to ...
... elect to have additional work performed and material furnished vitiates the same . We cannot say from the contract itself that either county will see fit to exercise this option , and there is nothing in the agreed statement of facts to ...
Page 113
... elected . The argument is that since the ordinances could not be effective until April 1 , the notice must be deemed to have been published without authority and to be abortive to give the officers of the city jurisdiction to sell the ...
... elected . The argument is that since the ordinances could not be effective until April 1 , the notice must be deemed to have been published without authority and to be abortive to give the officers of the city jurisdiction to sell the ...
Page 148
... elected his remedy and cannot retract by withdrawing his suit . ( 2 Herman on Estoppel , 1172. ) The doctrine is applicable , not only to the election made in the course of litigation , but in the course of dealings between parties in ...
... elected his remedy and cannot retract by withdrawing his suit . ( 2 Herman on Estoppel , 1172. ) The doctrine is applicable , not only to the election made in the course of litigation , but in the course of dealings between parties in ...
Page 149
... elect ; and , unless it is pleaded , the right to sue upon it as an independent cause of action , or to rely upon it as a defense to another action brought by the same plaintiff , is in no wise affected or injured by a judgment for or ...
... elect ; and , unless it is pleaded , the right to sue upon it as an independent cause of action , or to rely upon it as a defense to another action brought by the same plaintiff , is in no wise affected or injured by a judgment for or ...
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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 injury instruction issue judge judgment jurisdiction juror jury JUSTICE SMITH land McHatton ment motion negligence Northern Pacific Northern Pacific Railway notice oral order denying parties person plaintiff pleading proof purchase purpose question quiet title railway company reason record recover respondent Revised Codes rule Silver Bow County statute submitted sufficient supra supreme court Sweet Grass county testified testimony thereof tion trial court trustees verdict 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.