Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volume 51Bancroft-Whitney Company, 1916 |
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48 Mont affidavit Affirmed alleged amount Appeal from District argued the cause bank Broadwater County cause of action cause orally Charles Colbert CHIEF JUSTICE BRANTLY City of Butte claim complaint Constitution contract corporation counsel County Attorney County Seat creditors Custer County declared deed defendant defendant's delivered the opinion demurrer disclose District Court duty election entitled error evidence ex rel fact Fergus County filed habeas corpus held injury issue Joseph Cross judge judgment debtor jurisdiction jury JUSTICE SANNER liability McCullough Messrs Miles City Missoula County Montana mortgage motion negligence order denying parties payment person plaintiff pleadings proceeding provisions purchaser purpose question reason record redemption rendered RESPONDENT Revised Codes rule sheriff Silver Bow county statute stockholders submitted a brief sufficient supra testimony thereof tion trial court unlawful detainer verdict witness writ
Popular passages
Page 388 - ... 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 289 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 140 - by which the jury find the facts only, leaving the judgment to the court.
Page 513 - A waiver is the intentional relinquishment of a known right or such conduct as warrants an inference of the relinquishment of such right and may result from an express agreement or be inferred from circumstances indicating an intent to waive.
Page 75 - It may be said in a general way that the police power extends to all the great public needs. ... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Page 76 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 560 - 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 439 - Nothing contained herein shall prevent corporations organized hereunder from purchasing and holding stock in any corporation where such purchase shall be necessary to prevent a loss upon a debt previously contracted in good faith...
Page 323 - Each of the justices shall have power to issue writs of habeas corpus to any part of the state, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the supreme court, or before any district court of appeal, or before any judge thereof, or before any superior court in the state, or before any judge thereof.
Page 527 - Upon a sale of real property, the purchaser shall be substituted to and acquire all the right, title, interest and claim, of the judgment debtor thereto; and when the estate is less than a leasehold of two years' unexpired term, the sale shall be absolute.