Reports of Cases Argued and Determined in the Supreme Court of Montana Territory ..., Band 1Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) Bancroft-Whitney Company, 1873 |
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Seite 7
... respondent may be made by affidavit , and in all cases proof of service of such notice or waiver thereof shall be filed in this court five days at least before the commencement of the term to which the appeal is taken . XIV . Exceptions ...
... respondent may be made by affidavit , and in all cases proof of service of such notice or waiver thereof shall be filed in this court five days at least before the commencement of the term to which the appeal is taken . XIV . Exceptions ...
Seite 27
... respondent as such treasurer , which was appro- priated by law to the payment of said warrant ; and that appellant , on April 17 , 1868 , presented same to respondent , who had previously as such treasurer received money appropriated by ...
... respondent as such treasurer , which was appro- priated by law to the payment of said warrant ; and that appellant , on April 17 , 1868 , presented same to respondent , who had previously as such treasurer received money appropriated by ...
Seite 28
... respondent for payment . To this answer respondent filed a replication , and the cause was referred , by order of the court , to a referee " to report both the facts and the law of the case , " who after- ward filed a report including ...
... respondent for payment . To this answer respondent filed a replication , and the cause was referred , by order of the court , to a referee " to report both the facts and the law of the case , " who after- ward filed a report including ...
Seite 29
... respondent that he had , prior to the commencement of the action , received money as treasurer appropriated by law to payment of the warrant , and this really involving a question of law . Although the court below did not take such ...
... respondent that he had , prior to the commencement of the action , received money as treasurer appropriated by law to payment of the warrant , and this really involving a question of law . Although the court below did not take such ...
Seite 31
... respondent , how such construction renders the statute nugatory . The question then recurs as to what were the rights of appellant , if declining to surrender his warrant under the order of the board . Unquestionably to have it paid ...
... respondent , how such construction renders the statute nugatory . The question then recurs as to what were the rights of appellant , if declining to surrender his warrant under the order of the board . Unquestionably to have it paid ...
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affidavit affirmed agreement alleged amended amount answer appellants appropriation assigned attorneys authority averment bond Bow creek CHUMASERO & CHADWICK Clarke County commenced common law complaint contract court erred creek damages Davis debt decree deed Deer Lodge county defendants demurrer denied district court Dunphy entitled equity error evidence execution facts filed findings gold dust grant gulch HIRAM KNOWLES indorsement injunction interest issue judgment jurisdiction jury KNOWLES land legislative assembly Lewis and Clarke liable lien Madison County Meagher county ment mining ground Montana Montana Territory mortgage motion notice organic act overruled owner paid Park ditch parties payment person plaintiff pleadings possession Prac promissory note question record recover refused rendered replevin respondent rule sheriff statute suit sureties sustained SYMES term Territory Territory of Montana testimony thereof Third District tion trial undertaking verdict Virginia City void warrant
Beliebte Passagen
Seite 494 - That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians...
Seite 653 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Seite 642 - That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.
Seite 126 - That the Constitution, and all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States...
Seite 659 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrue'd water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by this section.
Seite 106 - That the legislative power of the territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act...
Seite 689 - ... together with all and singular the tenements, hereditaments, and appurtenances thereto belonging or in any wise appertaining ; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof...
Seite 404 - It is further agreed and understood by and between the parties hereto, that...
Seite 412 - ... local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Seite 623 - Parties may agree in writing for the payment of any rate of interest whatever on money due or to become due on any contract. Any judgment rendered on such contract shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment.