343 Mont. 500 BLUE RIDGE HOMES, INC., and RICHARD CARVALHO, Plaintiffs and Appellees, v. RONALD J. THEIN, RACHEL THEIN, and FIRST SECURITY BANK, Defendants and Appellants. No. DA 07-0267.Supreme Court of Montana.Submitted on Briefs March 12, 2008. Decided May 29, 2008. Opinion withdrawn by Supreme Court and reissued on July 29, 2008. The reissued opinion […]
Category: Court Opinions
IN RE McDONALD, 112 Mont. 129 (1941)
113 P.2d 790 IN RE McDONALD. No. 7,979.Supreme Court of Montana.Submitted January 20, 1941. Decided May 29, 1941. Attorney and Client — Disbarment — Findings of Referee — When Conclusive, When not — Complaint — Alleged Mental Incompetency of Complainant — Power of Supreme Court to Discipline Accused Attorney. Attorney and Client — Disbarment — […]
MELTON v. OLESON, 165 Mont. 424 (1974)
530 P.2d 466 PERRY S. MELTON, PLAINTIFF AND RESPONDENT, v. H. JAMES OLESON, FLATHEAD COUNTY ATTORNEY, ET AL., DEFENDANTS AND APPELLANTS. No. 12701.Supreme Court of Montana.Submitted September 12, 1974. Decided December 20, 1974. Page 425 Appeal from District Court of Flathead County. Eleventh Judicial District. Honorable Robert C. Sykes, Judge presiding. Page 426 H. James […]
STATE EX REL. DALY v. STATE BOARD OF EQUALIZATION, 132 Mont. 606 (1957)
316 P.2d 564 STATE OF MONTANA ex rel. GENE W. DALY et al., RELATORS, v. STATE BOARD OF EQUALIZATION of the State of Montana, et al., RESPONDENTS. No. 9865.Supreme Court of Montana. Decided October 21, 1957. Maurice F. Hennessy., Co. Atty., Robert J. Holland, Dep. Co. Atty., Butte, for Relators. Per Curiam. The petition for […]
STATE EX REL. LANTZ v. MORRIS, 113 Mont. 187 (1942)
126 P.2d 1101 STATE EX REL. LANTZ ET AL., APPELLANTS, v. MORRIS ET AL., RESPONDENTS. No. 8,256.Supreme Court of Montana.Submitted March 3, 1942. Decided March 26, 1942. Schools and School Districts — Attaching Noncontiguous Territory to Existing Districts — Power of County Superintendent of Schools — Apportionment of School Funds — When Unauthorized — Indians […]
EXAM. IN PHOTOGRAPHY v. KELLER, 120 Mont. 364 (1947)
185 P.2d 503 MONTANA STATE BOARD OF EXAMINERS IN PHOTOGRAPHY, APPELLANT, v. KELLER, RESPONDENT. No. 8738Supreme Court of Montana.Submitted October 3, 1947. Decided October 17, 1947. 1. Appeal and error — Necessity of determining constitutional question. The constitutionality of a statute will not be determined unless such determination is absolutely necessary to decision on the […]
GULLETT v. VAN DYKE CONSTRUCTION CO., 2005 MT 105
327 Mont. 30, 111 P.3d 220 CLIFF GULLETT, Plaintiff and Appellant, v. VAN DYKE CONSTRUCTION COMPANY, formerly known as Van Dyke Irrigation Service, Inc., LAWRENCE VAN DYKE and BERNA VAN DYKE, Defendants, Respondents and Cross-Appellants, and AMERICAN LAND TITLE COMPANY, Defendant and Respondent. No. 03-829.Supreme Court of Montana.Submitted on Briefs July 14, 2004. Decided April […]
STATE v. SMART, 81 Mont. 145 (1927)
262 P. 158 STATE, RESPONDENT, v. SMART, APPELLANT. No. 6,134.Supreme Court of Montana.Submitted November 21, 1927. Decided December 10, 1927. Criminal Law — Larceny of Livestock — Evidence — Exhibits — Harmless Error — Trial — Misconduct of County Attorney — Reversible Error — Appeal — Rehearing — Matter not in Record not Open to […]
INGBRETSON v. LOUISIANA-PACIFIC CORP., 272 Mont. 294 (1995)
900 P.2d 912, 52 St. Rep. 764 VERNON L. INGBRETSON, Claimant and Respondent, v. LOUISIANA-PACIFIC CORPORATION, Respondent, Insurer, Employer and Appellant. No. 94-622.Supreme Court of Montana.Submitted on Briefs June 29, 1995. Rehearing Denied August 31, 1995. Decided August 10, 1995. Page 295 Appeal from the Workers’ Compensation Court. Honorable Mike McCarter, Judge. For Appellant: Jerry […]
PETERSON v. FEELY, 88 Mont. 459 (1930)
293 P. 667 PETERSON, RESPONDENT, v. FEELY, APPELLANT. No. 6,674.Supreme Court of Montana.Submitted November 12, 1930. Decided November 28, 1930. Justices of the Peace — Courts of Inferior Jurisdiction — Presumptions — Appeal — Record must Show Jurisdictional Facts — Justice Court Loses Jurisdiction on Nonappearance of Plaintiff at Time Set for Hearing — Setting […]