Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volume 39Bancroft-Whitney Company, 1891 |
From inside the book
Results 1-5 of 73
Page 15
... trial before the court sitting without a jury , and during the course of the trial the court , over plaintiff's objection , allowed defendant Bennetts to file the fol- lowing amended answer : " As to paragraph 3 denies that this ...
... trial before the court sitting without a jury , and during the course of the trial the court , over plaintiff's objection , allowed defendant Bennetts to file the fol- lowing amended answer : " As to paragraph 3 denies that this ...
Page 22
... Trial - Conditions - Compliance with - Effect - Waiver . New Trial - Conditions - Power of Courts . 1. Courts have power to impose as a condition precedent to the denial of defendant's motion for a new trial , that plaintiff shall re ...
... Trial - Conditions - Compliance with - Effect - Waiver . New Trial - Conditions - Power of Courts . 1. Courts have power to impose as a condition precedent to the denial of defendant's motion for a new trial , that plaintiff shall re ...
Page 23
... trial resulted in a verdict and judg ment for the plaintiff for $ 7,500 . Defendant having moved for a new trial , the court made the following order : " This day all objections to hearing of defendant's motion for a new trial are by ...
... trial resulted in a verdict and judg ment for the plaintiff for $ 7,500 . Defendant having moved for a new trial , the court made the following order : " This day all objections to hearing of defendant's motion for a new trial are by ...
Page 24
... trial . Consideration of the motion was deferred until hear- ing on the merits , which has now been had . Plaintiff contends that such a conditional order becomes final and absolute upon . the happening of the condition , or upon its ...
... trial . Consideration of the motion was deferred until hear- ing on the merits , which has now been had . Plaintiff contends that such a conditional order becomes final and absolute upon . the happening of the condition , or upon its ...
Page 35
... trial was that defendant had a verdict and judgment , and plaintiff appeals from the judgment and from an order denying a new trial . For a statement of the facts reference is made to the opinion rendered upon the last appeal . Three ...
... trial was that defendant had a verdict and judgment , and plaintiff appeals from the judgment and from an order denying a new trial . For a statement of the facts reference is made to the opinion rendered upon the last appeal . Three ...
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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.