275 P.2d 209 STATE OF MONTANA EX REL. GERTRUDE SAXTORPH, RELATOR, v. DISTRICT COURT, FERGUS COUNTY, ET AL., RESPONDENTS. No. 9432.Supreme Court of Montana.Submitted June 15, 1954. Decided October 19, 1954. PROHIBITION — Jurisdiction — Necessity — WORDS AND PHRASES — “jurisdiction”.1. Prohibition — Writ lies to correct acts out of jurisdiction. The writ of […]
Category: Court Opinions
MIDKIFF v. KINCHELOE, 127 Mont. 324 (1953)
263 P.2d 976 MIDKIFF, RESPONDENT v. KINCHELOE, APPELLANT. No. 9118.Supreme Court of Montana.Submitted March 24, 1953. Decided June 26, 1953. Dissenting Opinion December 9, 1953. As Amended on Denial of Rehearing, December 15, 1953. WATERS AND WATER COURSES, Appropriation, What Constitutes Appropriation, Diffused Waters, Right to Capture Spring Run-off and Water from Flash Floods, Right […]
VANTURA v. MONTANA LIQ. CON. BD., 113 Mont. 265 (1942)
124 P.2d 569 VANTURA, RESPONDENT, v. MONTANA LIQUOR CONTROL BOARD ET. AL., APPELLANTS. No. 8,289.Supreme Court of Montana.Submitted April 6, 1942. Decided April 15, 1942. Intoxicating Liquors — State Liquor Control Board — Retail Liquor Licenses — Statute Establishing Schedule of Fees — Construction. Page 266 Statutes and Statutory Construction — Doubtful Taxing and Licensing […]
KINNEMAN v. CAMPBELL ET AL., 107 Mont. 173 (1938)
81 P.2d 684 KINNEMAN, RESPONDENT, v. CAMPBELL ET AL., APPELLANTS. No. 7,738.Supreme Court of Montana.Submitted May 25, 1938. Decided July 22, 1938. Appeal — Dismissal for Failure to File Transcript Within Time — Motion for Reinstatement — Insufficient Showing. 1. Motion to reinstate an appeal dismissed for failure of appellants to file their transcript within […]
SCHUMAN v. STUDY COMMISSION, 176 Mont. 313 (1978)
578 P.2d 291 THEODORE A. SCHUMAN ET AL., PETITIONERS AND APPELLANTS, v. THE STUDY COMMISSION OF YELLOWSTONE COUNTY ET AL., RESPONDENTS AND RESPONDENTS. No. 13771.Supreme Court of Montana.Submitted September 30, 1977. Decided April 5, 1978. Appeal from the District Court of Yellowstone County. Thirteenth Judicial District. Hon. Bernard W. Thomas, Judge presiding. Page 314 Jones, […]
MT. PETROLEUM BD. v. EMPIRE FIRE MARINE INS., 2008 MT 195
344 Mont. 54, 185 P.3d 1021 MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD, Plaintiff and Appellant, v. EMPIRE FIRE AND MARINE INSURANCE COMPANY, Defendant and Appellee. No. DA 07-0297.Supreme Court of Montana.Submitted on Briefs February 6, 2008. Decided June 4, 2008. Appeal from the District Court of Lewis and Clark County. First Judicial District, Cause No. […]
HALL v. KIRCHER, 2006 MT 186
333 Mont. 99, 140 P.3d 497 SARAH HALL, Plaintiff, Respondent and Cross-Appellant, v. JOHN KIRCHER and BOYNE USA, INC., a Michigan corporation, Defendants, Appellants and Cross-Respondents. No. 05-672.Supreme Court of Montana. Ordered August 9, 2006. OPINION AND ORDER¶ 1 Counsel for the parties to this appeal have filed a stipulation for dismissal. Their stipulation asks […]
MODERN MACHINERY v. FLATHEAD COUNTY, 202 Mont. 140 (1982)
656 P.2d 206 MODERN MACHINERY, PLAINTIFF AND APPELLANT, v. FLATHEAD COUNTY, DEFENDANT AND RESPONDENT. No. 82-265.Supreme Court of Montana.Submitted on Briefs November 24, 1982. Decided December 29, 1982. Page 141 Appeal from the District Court of Flathead County. Eleventh Judicial District. Hon. Douglas G. Harkin, Judge Presiding. James D. Moore, Kalispell, for plaintiff and appellant. […]
STATE v. REEDER, 2004 MT 244
323 Mont. 15, 97 P.3d 1104 STATE OF MONTANA, Plaintiff and Respondent, v. MICHAEL REEDER, Defendant and Appellant. No. 03-341.Supreme Court of Montana.Submitted on Briefs May 4, 2004. Decided September 8, 2004. Appeal from the District Court of Gallatin County. Eighteenth Judicial District, Cause No. DC 2000-223. Honorable Wm. Nels Swandal, Judge. Page 16 For […]
IN RE HARTWIG’S ESTATE, 119 Mont. 359 (1946)
175 P.2d 178 IN RE HARTWIG’S ESTATE. EICKEMEYER, APPELLANT, v. HARTWIG, RESPONDENT. No. 8636Supreme Court of Montana.Submitted October 14, 1946. Decided December 10, 1946. 1. Perpetuities — Period of suspension from alienation allowed. Under the statutes, suspension of absolute power of alienation for a period during the continuance of the lives of persons in being […]