Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volume 32Bancroft-Whitney Company, 1905 |
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Common terms and phrases
24 Mont affidavit affirmed agreement alleged amended amount Appeal from District application appointment attorney authority cattle cause of action CHIEF JUSTICE BRANTLY Civil Code Civil Procedure claim Clark County Code of Civil complaint Constitution contract corporation counsel court of equity damages decree defendant defendant's denied dismiss district court ditch duty Ency entitled equity error evidence ex rel fact fendant filed Finlen Flathead County Gallatin County Heinze injury judge judgment jurisdiction jury JUSTICE HOLLOWAY JUSTICE MILBURN land liable lien McHatton ment Montana mortgage motion Northern Pacific Railway notice opinion overruling owner party payment person plaintiff pleadings possession proceedings purchase question railway receiver record recover remittitur res adjudicata respondent resulting trust reversed rule Silver Bow County statute sufficient suit supra supreme court testimony thereof tion trial court verdict witness writ
Popular passages
Page 287 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 287 - ... second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 414 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment ; and a failure to do so shall be a waiver of his adverse claim.
Page 112 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 100 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, Ls the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not...
Page 159 - At the trial the parties stipulated as follows : "It is hereby stipulated and agreed by and between the parties hereto...
Page 30 - Except as otherwise provided in the next section every person transacting business in this state under a fictitious name and every partnership transacting business in this state under a fictitious name, or a designation not showing the names, of the persons interested as partners...
Page 94 - A copy of the judgment, signed by the clerk, shall be transmitted to the inferior tribunal, board, or officer having the custody of the record or proceeding certified up. SBC. 465. A copy of the judgment, signed by the clerk, entered upon, or attached to, the writ and return, shall constitute the judgment roll.
Page 392 - Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor from paying the debt.
Page 523 - Under the view already stated as to the sufficiency of the complaint to state a cause of action for an accounting, this was error.