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action affirmed agreement alleged allowed amended amount answer appeal application appointment appropriation authority cause Civil Procedure claim Code of Civil complaint conclusion consideration Constitution contract corporation counsel damages Decided decision defendant denied determine directed dismiss district court ditch duty effect entered entitled error evidence fact filed findings Finlen follows further given granted ground hearing Heinze held injury instruction interest issue judge judgment jurisdiction jury JUSTICE land March matter ment Mont Montana mortgage motion necessary notice objection opinion owner paid particular party payment performance person plaintiff possession presented proceedings purchase question railway reason receiver record recover reference relation rendered respondent reversed rule specific statute Submitted sufficient suit supreme court taken testimony thereof tion trial trust witness writ
Página 287 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Página 414 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment ; and a failure to do so shall be a waiver of his adverse claim.
Página 112 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Página 100 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, Ls the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not...
Página 159 - At the trial the parties stipulated as follows : "It is hereby stipulated and agreed by and between the parties hereto...
Página 30 - Except as otherwise provided in the next section every person transacting business in this state under a fictitious name and every partnership transacting business in this state under a fictitious name, or a designation not showing the names, of the persons interested as partners...
Página 94 - A copy of the judgment, signed by the clerk, shall be transmitted to the inferior tribunal, board, or officer having the custody of the record or proceeding certified up. SBC. 465. A copy of the judgment, signed by the clerk, entered upon, or attached to, the writ and return, shall constitute the judgment roll.
Página 392 - Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor from paying the debt.