Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volume 39Bancroft-Whitney Company, 1891 |
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Results 1-5 of 55
Page 7
... intended the natural consequences of its act in maintaining the dam , and is therefore chargeable with notice of whatever con- ditions resulted from that act . It cannot complain , therefore , that the plaintiff failed to give and ...
... intended the natural consequences of its act in maintaining the dam , and is therefore chargeable with notice of whatever con- ditions resulted from that act . It cannot complain , therefore , that the plaintiff failed to give and ...
Page 12
... intended as the contract of the company is incompetent . ( See , also , Coburn v . Omega Lodge , 71 Iowa , 581 , 32 N. W. 513. ) An instrument containing nothing in the body of it to show that it is made by an agent on behalf of a ...
... intended as the contract of the company is incompetent . ( See , also , Coburn v . Omega Lodge , 71 Iowa , 581 , 32 N. W. 513. ) An instrument containing nothing in the body of it to show that it is made by an agent on behalf of a ...
Page 16
... intended it was not his note , but the company's only , so signed by Bennetts as trustee out of abundant caution to make it so appear . The evidence is conclusive it was not intended by the parties to the note that Bennetts should be ...
... intended it was not his note , but the company's only , so signed by Bennetts as trustee out of abundant caution to make it so appear . The evidence is conclusive it was not intended by the parties to the note that Bennetts should be ...
Page 18
... intended to be the obligation of the principal and not of the agent , and that it was given and accepted as such ; ( e ) that an instrument which is so ambiguous upon its face as to render it uncertain who was intended to be bound was ...
... intended to be the obligation of the principal and not of the agent , and that it was given and accepted as such ; ( e ) that an instrument which is so ambiguous upon its face as to render it uncertain who was intended to be bound was ...
Page 19
... intended by the parties that Bennetts should be bound personally , that the note was intended to be that of the company only , and that Knippenberg procured its execution in the manner indicated . No significance attaches to the fact ...
... intended by the parties that Bennetts should be bound personally , that the note was intended to be that of the company only , and that Knippenberg procured its execution in the manner indicated . No significance attaches to the fact ...
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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.