Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volum 53Bancroft-Whitney Company, 1917 |
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Vanlige uttrykk og setninger
48 Mont 51 Mont affidavit Affirmed agreement alleged Appeal from District application argued the cause authority ballot Bank Broadwater county cause orally certiorari charge CHIEF JUSTICE BRANTLY claim Clark County complaint Constitution contract corporation counsel County Seat court of equity Criminal Custer county defendant defendant's delivered the opinion District Court duty election entitled error evidence ex rel fact Fallon county filed Hanson held indebtedness injunction injury intention issue Judge judgment jurisdiction jury JUSTICE HOLLOWAY concur JUSTICE SANNER larceny legislature license lien Loftus Mandamus Messrs Montana mortgage motion osteopathy party payment person petition plaintiff proceeding provision purpose question quo warranto railroad reason respondent Revised Codes rule Silver Bow County statute submitted a brief sufficient supra tax deed tion trial court Tunnel vote writ Yellowstone County
Populære avsnitt
Side 160 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Side 409 - The General Assembly shall not pass local or special laws, in any of the following enumerated cases, that is to say: Regulating the jurisdiction and duties of Justices of the Peace and of Constables ; For the punishment of crimes and misdemeanors...
Side 195 - ... Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Side 116 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Side 32 - 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 392 - In the canvass of the votes any ballot which is not endorsed as provided in this act by the signature of two (2) judges upon the back thereof, shall be void, and shall not be counted, and any ballot or parts of a ballot from which it is impossible to determine the elector's choice shall be void and shall not be counted...
Side 158 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or in case of the death of such employee to his or her personal representative...
Side 469 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.
Side 260 - But the question remains, can the plaintiff then, consistently with the authorities, maintain his action, having been at least equally in fault : The answer is that, supposing that fact ascertained by the jury, but to this extent, that he merely indulged the natural instinct of a child in amusing himself with the empty cart and deserted horse, then we think that the defendant cannot be permitted to avail himself of that fact. The most blameable carelessness of his servant having tempted the child,...
Side 393 - If the statute expressly declares any particular act to be essential to the validity of the election, or that its omission shall render the election void, all courts whose duty it is to enforce such statute, must so hold, whether the particular act in question goes to the merits, or affects the result of the election, or not. Such a statute is imperative, and all considerations touching its policy or impolicy, must be addressed to the legislature.