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acceptance action Affirmed agreement alleged amendment amount answer appeal application argued Attorney authority Bank bill brief cause charge circumstances claim clerk commissioners complaint conclusion consideration Constitution contract corporation counsel damages defendant delivered demand denying determine directed District Court duty effect election entered entitled error evidence ex rel execution express fact failed filed given granted ground held intention interest issue judge judgment jury JUSTICE land license lien limitations matter means Mont Montana mortgage motion necessary notice objection opinion orally party person plaintiff pleadings portion possession presented president proceeding provisions purchase question reason received record recover referred refused relator respondent Revised Codes rule secure sheriff statute submitted sufficient taken thereof tion trial witness
Seite 71 - It is not a mental discretion, to be exercised ex gratia, but a legal discretion, to be exercised in conformity with the spirit of the law and in a manner to subserve and not to impede or defeat the ends of substantial justice.
Seite 383 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing...
Seite 471 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men at all times and under all circumstances.
Seite 471 - Certainly no part of the judicial power of the country was conferred on them; because the Constitution expressly vests it "in one Supreme Court and such inferior courts as the Congress may from time to time ordain and establish," and it is not pretended that the commission was a court ordained and established by Congress.
Seite 391 - Petitions and orders for the initiative and for the referendum shall be filed with the secretary of state, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor.
Seite 384 - For the proper construction of an instrument the circumstances under which it was made, including the situation of the subject of the instrument, and of the parties to it, may also be shown, so that the judge be placed in the position of those whose language he is to interpret.
Seite 390 - Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people.
Seite 410 - ... the common law of England, so far as it is not repugnant to or inconsistent with the constitution of the United States, or the constitution or laws of the state of California, shall be the rule of decision in all the courts of this state," and this is the rule at the present time.
Seite 314 - ... a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession, or under his control, belonging to the defendant, are attached in pursuance of such writ...
Seite 411 - Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.