Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volume 60Bancroft-Whitney Company, 1922 |
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Results 1-5 of 93
Page 25
... testify to a number of particular and itemized items of special damages , to - wit : $ 280 for a well ; $ 180 for casing ; and $ 725 for an engine , which were not pleaded , and timely ob- jection was made on that account by the ...
... testify to a number of particular and itemized items of special damages , to - wit : $ 280 for a well ; $ 180 for casing ; and $ 725 for an engine , which were not pleaded , and timely ob- jection was made on that account by the ...
Page 29
... testified to at the trial tending to confuse the jury ; the giving and refusing of certain instructions . That the complaint is sufficient has been definitely settled by this court in Dawes v . Great Falls , 31 Mont . 9 , 77 Pac . 309 ...
... testified to at the trial tending to confuse the jury ; the giving and refusing of certain instructions . That the complaint is sufficient has been definitely settled by this court in Dawes v . Great Falls , 31 Mont . 9 , 77 Pac . 309 ...
Page 35
... testified that a full settlement of all fees between himself and defendant was had up to July 1 , 1914 , and he makes no claim to his testimony for any accounting prior to that date . We think the decree of the lower court should be ...
... testified that a full settlement of all fees between himself and defendant was had up to July 1 , 1914 , and he makes no claim to his testimony for any accounting prior to that date . We think the decree of the lower court should be ...
Page 60
... testified that it was five car - lengths east of the yard limit board and that the cars average fifty feet in length . He alleges that the rear of engine 1288 was 350 feet east of the board , and that his train collided with it 400 feet ...
... testified that it was five car - lengths east of the yard limit board and that the cars average fifty feet in length . He alleges that the rear of engine 1288 was 350 feet east of the board , and that his train collided with it 400 feet ...
Page 61
... testified that the train consisted of thirty - four cars . At the same investigation he tes- tified : " I say Brakeman Moorehead was not over ten car- lengths behind helper " ( engine 1288 ) . ( c ) Plaintiff contented himself with ...
... testified that the train consisted of thirty - four cars . At the same investigation he tes- tified : " I say Brakeman Moorehead was not over ten car- lengths behind helper " ( engine 1288 ) . ( c ) Plaintiff contented himself with ...
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Common terms and phrases
49 Mont 55 Mont 60 Mont admissible adverse possession affidavit affirmed alleged Appeal from District argued the cause Bank Bannack cause of action cause orally charged CHIEF JUSTICE BRANTLY claim Company complaint contract conviction counsel County Attorney County Seat crime damages deceased defendant defendant's directed verdict District Court easement entitled error Evaro evidence executor facts federal fendant Fergus County filed guilt held injury instruction Judge judgment and order jurors jury land larceny Mackey Meagher county Miles City Montana Morrissey mortgage motion negligence Northern Pacific opinion order denying partnership party payment person plaintiff pleadings possession Powell County proof prosecution provisions question Quotient Verdicts railroad reason record remanded RESPONDENT reversed Revised Codes rule sheriff Silver Bow County Smith statement statute Stillwater county submitted a brief sufficient supreme court testified testimony thereof tion trial court verdict warrant witness Рас
Popular passages
Page 290 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 436 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 227 - ... nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies...
Page 442 - A person who has been convicted of a crime or misdemeanor is, notwithstanding, a competent witness in a civil or criminal action or special proceeding ; but the conviction may be proved, for the purpose of affecting the weight of his testimony...
Page 533 - Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition.
Page 159 - ... 5. Excessive damages, appearing to have been given under the influence of passion or prejudice; 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is against law; 7. Error in law, occurring at the trial and excepted to by the party making the application.
Page 11 - ... knew, or by the exercise of ordinary care should have known, of the danger.
Page 289 - In considering the operation of this judgment it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action.
Page 523 - ... the testator, such issue shall take the estate so given by the will, in the same manner...
Page 292 - ... only establishes the claim in the same manner as if it had been allowed by the executor or administrator and the probate judge, and the judgment must be that the executor or administrator pay in due course of administration the amount ascertained to be due.