Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volume 48Bancroft-Whitney Company, 1914 - Law reports, digests, etc |
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41 Mont administrator Affirmed alleged Appeal from District appointment argued the cause assumption of risk brand cause of action cause orally charge CHIEF JUSTICE BRANTLY Clark county Colo complaint Constitution contract contributory negligence corporation counsel counter-petitions counterclaim County Attorney County Seat damages deceased defendant defendant's delivered the opinion disclosed District Court duty dynamite error evidence ex rel fact filed ground Hadalin held instruction Judge judgment jury JUSTICE HOLLOWAY JUSTICE SANNER concur land last clear chance liability malicious prosecution Messrs mining claim Missoula County Montana mortgage motion negligence notice order denying owner parties personal injury petition plaintiff pleading proof prosecution purpose qualified electors question quiet title reason respondent Revised Codes rule Silver Bow County statute street submitted a brief sufficient supra Teton County tion trial court verdict witnesses Yellowstone County
Popular passages
Page 304 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Page 457 - If any one proposition could command the universal assent of mankind, we might expect it would be this — that the government of the Union, though limited in its powers, is supreme within its sphere of action.
Page 312 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable; but a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 534 - In prosecutions for the publication of papers investigating the official conduct of officers, or men, in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.
Page 75 - of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice hi writing, or notice by publication...
Page 325 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Page 262 - ... the common law of England, so far as it is not repugnant to or inconsistent with the constitution of the United States, or the constitution or laws of the state of California, shall be the rule of decision in all the courts of this state," and this is the rule at the present time.
Page 457 - States, which shall be made in pursuance thereof," "shall be the supreme law of the land," and by requiring that the members of the State legislatures, and the officers of the executive and judicial departments of the States, shall take the oath of fidelity to it.
Page 510 - Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations.
Page 261 - A plea of: 1. Guilty. 2. Not guilty. 3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.