Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volume 59Bancroft-Whitney Company, 1921 - Law reports, digests, etc |
Contents
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| xxxv | |
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Common terms and phrases
59 Mont affidavit Affirmed agreement alleged amount Appeal from District application argued the cause ASSOCIATE JUSTICES Bank bill bond BRANTLY and ASSOCIATE cause of action cause orally Chicago CHIEF JUSTICE BRANTLY Chouteau county claim complaint Constitution contract contributory negligence corporation counsel County Attorney County County Seat County Seat damages default defendant defendant's delivered the opinion directed verdict District Court entitled error evidence ex rel fact Fergus County filed GALEN concur Harry Robinson held HOLLOWAY injunction injury issue Judge judgment jury land liability ment Montana mortgage motion negligence Negotiable Instruments nonsuit Northern Pac party payment person petition plaintiff pleading provisions question reason refused respondent Revised Codes rule Silver Bow County statute statute of frauds submitted a brief supra supreme court surety testimony thereof tion trial court verdict witness writ
Popular passages
Page 294 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 384 - 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 254 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 107 - Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.
Page 254 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 298 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 607 - The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such fundamental...
Page 354 - When the objections mentioned in section one thousand and four appear on the face of the indictment or information, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the indictment or...
Page 165 - The property of the state, counties and other municipal corporations, both real and personal, and such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, may be exempted from taxation ; but such exemption shall be only by general law.
Page 79 - The legislative authority of the state shall be vested in a legislative assembly, consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws and amendments to the constitution and to enact or reject the same at the polls, independent of the legislative assembly...