Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volum 54Bancroft-Whitney Company, 1918 |
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Vanlige uttrykk og setninger
48 Mont 51 Mont adverse possession Affirmed alleged Appeal from District application argued the cause assessment bank Beaverhead County Butte cause of action cause orally CHIEF JUSTICE BRANTLY claim Clark County complaint Constitution contract counsel County Attorney County Seat deed defendant defendant's delivered the opinion delivery demurrer District Court duty error evidence ex rel fact Fergus County filed granted held injury instruction intention Judge judgment jurisdiction jury JUSTICE HOLLOWAY concur JUSTICE HOLLOWAY delivered JUSTICE SANNER concur land liability ment Messrs Milwaukee & St mineral Montana motion negligence nonmineral order denying osteopathy owner party payment person plaintiff pleadings possession proceedings purchaser purpose question quitclaim deed Ravalli County reason respondent Revised Codes rule Silver Bow County statute statute of frauds submitted a brief sufficient supra thereof tion trial court verdict
Populære avsnitt
Side 145 - ... accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession...
Side 7 - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. 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.
Side 60 - The nature and extent of the qualifications required must depend primarily upon the judgment of the state as to their necessity. If they are appropriate to the calling or profession, and attainable by reasonable study or application, no objection to their validity can be raised because of their stringency or difficulty.
Side 306 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
Side 574 - ... property in which he is interested, or to establish marriage, descent, heirship, or any other matter which may hereafter become material to establish, though no suit may at the time be anticipated, or, if anticipated, he may not know the parties to such suit; and, 3. The name of the witness to be examined, his place of residence, and a general outline of the facts expected to be proved.
Side 409 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time required by law ; and the occupation of such premises by any other person, shall be deemed to have been under, and in subordination to, the legal title...
Side 102 - All mines and mining claims, both placer and rock in place, containing or bearing gold, silver, copper, lead, coal, or other valuable mineral deposits, after purchase thereof from the United States, shall be taxed at the price paid the United States therefor...
Side 28 - ... period prescribed by the Code of Civil Procedure as sufficient to bar an action for the recovery of the property confers a title thereto, denominated a title by prescription, which is sufficient against all.
Side 329 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through Imposition (express or Implied), or extortion, or oppression, or an undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances.
Side 181 - A question which suggests to the witness the answer which the examining party desires, is denominated a leading or suggestive question. On a direct examination, leading questions are not allowed, except in the sound discretion of the court, under special circumstances, making it appear that the interests of justice require it.