Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., Volumen14Bancroft-Whitney Company, 1895 |
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Términos y frases comunes
administrator affidavit affirmed alimony alleged allowed amount ancillary administration answer appeal appellant appointed attachment attorney authority Bank Baum bond building cause of action charge cited Civil Procedure Clarke County Code Civ Code of Civil complaint compound interest contended contract counsel courts of equity creditor criminal damages debt debtor deed Deer Lodge County defendant defendant's demurrer district court dollars equity estoppel evidence execution executor facts filed fraud funds Gallatin County ground HARWOOD interest judge judgment Judicial District jurisdiction jury justice Kleinschmidt land liable lien ment mining claim misjoinder Missoula County Montana mortgage motion paid parties payment person plaintiff pleaded possession premises probate proceedings proof purchase question receiver record rendered respondent road rule shown statement statute statute of limitations sufficient sureties sustained testimony therein thereof thereto tion trial court trust verdict writ
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Página 247 - When a petition praying for letters of administration is filed, the clerk of the court must set the petition for hearing by the court, and give notice thereof by causing notices to be posted in at least three public places in the county, one of which must be at the place where the court is held...
Página 532 - A writ of review may be granted by any court, except a police or justice's court, when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.
Página 264 - ... is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court...
Página 55 - But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit. If there be any uncertainty on this head in the record...
Página 62 - On appeal from a judgment rendered on an appeal, or from an order, the appellant shall furnish the court with a copy of the notice of appeal...
Página 55 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties.
Página 531 - If the defendant, at any time before the trial, offer in writing to allow judgment to be taken against him for a...
Página 55 - As we understand the rule in respect to the couclusiveness of the verdict and judgment in a former trial between the same parties, when the judgment is used in pleading as a technical estoppel, or is relied on by way of evidence as conclusive, per...
Página 151 - Any person owing debts to the defendant, or having in his possession, or under his control, any credits or other...
Página 209 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.