Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Band 39Bancroft-Whitney Company, 1891 |
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Seite 6
... ground one - half mile upstream , when the fall of the river is ten to twelve feet to the mile , is incredible . " And they argue that a verdict or decision based upon a mathematical impossibility cannot stand . We have read all the ...
... ground one - half mile upstream , when the fall of the river is ten to twelve feet to the mile , is incredible . " And they argue that a verdict or decision based upon a mathematical impossibility cannot stand . We have read all the ...
Seite 23
... ground that the evidence was insufficient to justify a verdict for plaintiff . ( 37 Mont . 169 , 95 Pac . 8. ) The second trial resulted in a verdict and judg ment for the plaintiff for $ 7,500 . Defendant having moved for a new trial ...
... ground that the evidence was insufficient to justify a verdict for plaintiff . ( 37 Mont . 169 , 95 Pac . 8. ) The second trial resulted in a verdict and judg ment for the plaintiff for $ 7,500 . Defendant having moved for a new trial ...
Seite 24
... ground that the order is not appealable , for the reason that it is interlocutory and con- ditional , and does not finally dispose of the application for a new trial . Consideration of the motion was deferred until hear- ing on the ...
... ground that the order is not appealable , for the reason that it is interlocutory and con- ditional , and does not finally dispose of the application for a new trial . Consideration of the motion was deferred until hear- ing on the ...
Seite 26
... ground . There may be some question whether the court may , in such a case as this , grant a new trial upon the issue of damages only . This question does not arise here , and as to it we venture no opinion . MR . JUSTICE HOLLOWAY ...
... ground . There may be some question whether the court may , in such a case as this , grant a new trial upon the issue of damages only . This question does not arise here , and as to it we venture no opinion . MR . JUSTICE HOLLOWAY ...
Seite 54
... ground , among others , that the evidence did not show what was the cause of Monson's death . The motion was denied . When the hearing of the evidence was concluded , motion was made by defendant for a directed verdict . This motion was ...
... ground , among others , that the evidence did not show what was the cause of Monson's death . The motion was denied . When the hearing of the evidence was concluded , motion was made by defendant for a directed verdict . This motion was ...
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Häufige Begriffe und Wortgruppen
38 Mont affidavit Affirmed agreement alleged amended amount Appeal from District Attorney Bank bill bonds Butte Caplice cause of action CHIEF JUSTICE BRANTLY clerk complaint Constitution contention contract contributory negligence corporation counsel County Seat court of equity damages deceased defendant defendant's delivered the opinion district court ditch drain commissioner elected entitled equity error evidence ex rel fact favor fendant filed ground held indebtedness instruction issue judge judgment jurisdiction juror jury JUSTICE SMITH land McHatton ment motion negligence Northern Pacific Northern Pacific Railway notice oral order denying parties plaintiff pleading proof purchase purpose question quiet title railway company reason record recover refused respondent Revised Codes rule Silver Bow County statute submitted sufficient supra supreme court Sweet Grass county testified testimony thereof tion trial court trustees verdict Winstanley witness Yellowstone County Yergy
Beliebte Passagen
Seite 31 - In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.
Seite 118 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Seite 136 - An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.
Seite 96 - 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.
Seite 142 - Cut the value of property results from the use to which it is put, and varies with the profitableness of that use, present and prospective, actual and anticipated. There is no pecuniary value outside of that which results from such use.
Seite 71 - ... repeating this from day to day, tends to injurious effects upon the body, and as healthy mothers are essential to vigorous offspring, the physical wellbeing of woman becomes an object of public interest and care in order to preserve the strength and vigor of the race. "Still again, history discloses the fact that woman has always been dependent upon man. He established his control at the outset by superior physical strength, and this control in various forms, with diminishing intensity, has continued...
Seite 235 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Seite 9 - I have only to add that the facts of this case do not bring it within the principle laid down in Stubbs v.
Seite 167 - Examiners, with power to examine all claims against the State, except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law. And no...
Seite 72 - The two sexes differ in structure of body, in the functions to be performed by each, in the amount of physical strength, in the capacity for long continued labor, particularly when done standing, the influence of vigorous health upon the future wellbeing of the race, the self-reliance which enables one to assert full rights, and in the capacity to maintain the struggle for subsistence.