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224 Mont. 318 (1986) | Cited 254 times
... Submitted July 24, 1986. Rose Buckman appeals the judgment of the Workers' Compensation Court denying her a conversion of her bi-weekly Workers' Compensation benefits to a lump-sum payment. Buckman's employer, Montana Deaconess Hospital and its insurer, the State Compensation Insurance Fund ...
598 P.2d 1099 (1979) | Cited 191 times
... Submitted June 6, 1979. Through a hearing before the Workers' Compensation Court on December 1, 1977, claimant, Virginia Dumont, sought compensation benefits for the death of her husband which she alleged was the result of an injury he received in the course and scope of his employment by Wickens ...
162 Mont. 469 (1973) | Cited 184 times
... Rehearing Denied August 27, 1973. Submitted April 25, 1973. This is an appeal from an amended judgment of July 30, 1971, and a supplementary judgment entered on October 17, 1972, entered by the district court in Gallatin County on findings of fact and conclusions of law in favor of a claimant for ...
900 P.2d 901 (1995) | Cited 99 times
... 52 St.Rep. 699 Submitted on Briefs April 27, 1995. This is an appeal from grant of summary judgment to the defendants by the Thirteenth Judicial District Court, Yellowstone County. We affirm. The following issue is dispositive of the case: Did the District Court err in granting summary judgment ...
276 Mont. 126 (1996) | Cited 88 times
... 53 St.Rep. 310 Submitted December 19, 1995. Daniel Felix Finley (Finley) appeals from the judgment and commitment entered by the Twentieth Judicial District Court, Lake County, for sexual intercourse without consent and for burglary. We affirm in part, reverse in part, and remand for further ...
184 Mont. 262 (1979) | Cited 84 times
... Submitted June 5, 1979. Defendant appeals from his conviction of the crime of sexual intercourse without consent following a jury trial in the District Court of Yellowstone County. Defendant is the stepfather of the victim, who was thirteen years old at the time of the incident. The specific ...
898 P.2d 680 (1995) | Cited 82 times
... , 52 St.Rep. 529 Heard and Submitted May 16, 1995. Rehearing Denied July 27, 1995. The plaintiff, Carbon County, initiated this suit to quiet title in all of the mineral and mineral rights, excluding the coal and coal rights, on certain lands within the county. Florentine Exploration & Production ...
306 Mont. 215 (2001) | Cited 72 times
... APPEAL FROM: District Court of the Third Judicial District, In and for the County of Deer Lodge, The Honorable Ted L. Mizner, Judge presiding. Submitted on Briefs: February 23, 2001 ¶On January 19, 1999, a jury convicted Marvin Van Kirk (Van Kirk) of four criminal offenses: driving under the ...
304 Mont. 215 (2001) | Cited 66 times
... APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, Honorable Marge Johnson, Judge Presiding Submitted on Briefs: September 7, 2000 ¶Arvin Gallagher (Gallagher) appeals the Eighth Judicial District Court order affirming its previous denial of his request ...
295 Mont. 288 (1999) | Cited 65 times
... APPEAL FROM: District Court of the Twelfth Judicial District, In and for the County of Hill, The Honorable John Warner, Judge presiding. Submitted on Briefs: May 27, 1999 ¶1. Anthony Lee Montoya (Montoya) appeals from the sentence of the Twelfth Judicial District Court, Hill County, designating ...
183 P.3d 861 (2008) | Cited 64 times
... Submitted on Briefs: February 23, 2006 ¶1 Kenneth Leroy Whitlow appeals from the order of the District Court for the Twenty-First Judicial District, Ravalli County, denying his petition for post-conviction relief. We affirm. FACTUAL AND PROCEDURAL BACKGROUND ¶2 On August 18, 1993, the State ...
245 Mont. 470 (1990) | Cited 63 times
... Submitted October 25, 1990. The Department of Revenue (DOR) appeals an order of the First Judicial District Court, Lewis and Clark County, which granted tax-exempt status to cattle owned by Steer, Inc. (Steer), on the basis that the cattle were property owned by an "institution of purely public ...
961 P.2d 100 (1998) | Cited 60 times
... Submitted on Briefs February 18, 1998. ¶ 1 Unified Industries, Inc. (Unified) sued numerous defendants, under several legal theories, seeking the declaration of an easement across their property to property it owns and an injunction prohibiting them from obstructing its use of the easement. ...
37 P.2d 1025 (1934) | Cited 58 times
... Submitted September 25, 1934. Personal Injuries — Automobile Accident — Duty of Driver, Pedestrians and Others Making Lawful Use of Highway — Contributory Negligence — Inapplicability of Defense — Evidence — Exhibits — Photographs of Posed Cars — Admissibility — Instructions — Excessive Verdict — ...
587 P.2d 939 (1978) | Cited 58 times
... Submitted August 24, 1978. This is an appeal by Dale A Cameron and Janet M. Cameron, appellants, from a judgment in favor of Ruth Cameron and Lois E. Jenkins, respondents, made and entered by the District Court of the Fourteenth Judicial District, Meagher County, sitting without a jury. In that ...
169 Mont. 447 (1976) | Cited 57 times
... Submitted March 1, 1976. Plaintiff Gerald R. Harland appeals from a summary judgment granted on two of three counts in a complaint filed in the district court, Cascade County, seeking to establish an easement across property owned by defendants Roy Anderson and Lottie Anderson, husband and wife, ...
7 P.2d 228 (1932) | Cited 56 times
... MR. CHIEF JUSTICE CALLAWAY: Rehearing denied January 30, 1932. Submitted November 6, 1931. Personal Injuries — Hospitals — Delirious Patient — Self-inflicted Injuries — Evidence — Res Ipsa Loquitur — When Doctrine Applicable — Erroneous Instructions — Physicians and Nurses — Duty of Hospital ...
602 P.2d 997 (1979) | Cited 55 times
... Submitted November 2, 1979. This is an appeal from the District Court of the Eighth Judicial District, Cascade County. Defendant was charged by information on September 1, 1978, with burglary, a felony, and criminal possession of dangerous drugs, a misdemeanor. At his arraignment on September 12, ...
78 Mont. 579 (1927) | Cited 54 times
... Submitted February 16, 1927. Master and Servant — Workmen's Compensation — Construction of Act — Duty of Employee — Appeal to District Court — Trial De Novo — Definition — Appeal to Supreme Court — Time. Workmen's Compensation — Appeal to District Court — Time for Taking Appeal to Supreme Court. ...
513 P.2d 268 (1973) | Cited 54 times
... Submitted June 18, 1973. This is an appeal from a judgment and denial of a motion for judgment in accordance with motion for directed verdict or for new trial in an action tried in the district court of the eighteenth judicial district, county of Gallatin. The case was tried to a jury which ...
907 P.2d 154 (1995) | Cited 54 times
... 52 St.Rep. 1209 Submitted on Briefs October 26, 1995. Gary R. Motarie (Motarie) appeals from an order of the Ninth Judicial District Court, Glacier County, granting Northern Montana Joint Refuse Disposal District (NMJRDD) summary judgment. The court concluded that there was no genuine issue of ...
80 Mont. 431 (1927) | Cited 53 times
... Submitted September 26, 1927. Personal Injuries — Duty of Storekeepers — Negligence — Complaint — Sufficiency — When Deemed Amended — Jury — Instructions — Non-suit — Directed Verdict — Defect in Pleading — Waiver. Pleading — Ambiguity — Answering After Demurrer Sustained Waives Defect. 1. By ...
151 Mont. 76 (1968) | Cited 53 times
... Submitted March 8, 1968. This is a Workmen's Compensation Act appeal by the employer from a judgment of the district court of Silver Bow County awarding $3,000 to the nonresident, nondependent, surviving mother of an employee killed in a mine accident. The facts are undisputed. James Dunphy, the ...
250 Mont. 320 (1991) | Cited 52 times
... Submitted on briefs October 3, 1991. This is an appeal from a judgment of possession of the Twelfth Judicial District, Chouteau County. Subsequent to a foreclosure action, the District Court found that the appellants, Joe and Grace DeSaye (DeSaye), were not entitled to possession of their farm in ...
97 Mont. 1 (1934) | Cited 52 times
... Submitted April 27, 1934. Personal Injuries — Automobiles — Stopping on Highway not Negligence — Duty of Driver — Rear-end Collision in Heavy Fog — Evidence — Physical Facts Held to Disprove Plaintiff's Case — Motions for Non-suit and Directed Verdict — Review of Evidence — Rule — "Substantial" ...
134 Mont. 52 (1958) | Cited 48 times
... Submitted February 3, 1958. 1. Eminent domain — Fair compensation. Landowners should be fairly and fully compensated for land taken for highway purposes. 2. Eminent domain — When jury findings will be disturbed. In eminent domain proceedings, jury findings will generally not be disturbed on appeal ...
302 Mont. 228 (2000) | Cited 48 times
... APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Maurice R. Colberg, Jr., Judge presiding. Submitted on Briefs: January 20, 2000 1¶Gregory Elison appeals from the Court's Findings of Fact, Conclusions of Law, Memorandum and Order ...
179 Mont. 417 (1978) | Cited 47 times
... Submitted October 13, 1978. Appellant, Glenda Lou Brown, brought this action in District Court, Thirteenth Judicial District, Stillwater County, seeking a dissolution of her marriage from respondent, Benjamin Lee Brown. After a trial without a jury, judgment dated August 22, 1977, was entered ...
95 Mont. 347 (1933) | Cited 47 times
... Submitted October 3, 1933. Workmen's Compensation — Parkinson's Disease Traceable to Or Aggravated by Injury — Right of Claimant to Compensation — Expert Medical Testimony — When Opinion of Witness Admissible, When not — Facts Provable by Circumstantial Evidence — Theory of Compensation Act — ...
301 Mont. 135 (2000) | Cited 47 times
... APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Maurice R. Colberg, Jr., Judge presiding. Argued: September 4, 1997 Submitted: August 18, 1999 1¶The Petitioner, David Dawson, was convicted of one count of robbery, four counts ...
321 Mont. 99 (2004) | Cited 46 times
... Submitted on Briefs: January 21, 2004 ¶1 Raymond Staples (Staples), Kenneth J. Huntsinger, Arlene L. Huntsinger, and Kenneth J. Huntsinger, as Natural Parent and Guardian of Kaitlyn Marie Huntsinger (collectively the Huntsingers) appeal the District Court's ruling. Farmers Union Mutual Insurance ...
296 P. 1 (1931) | Cited 46 times
... Decided September 30, 1930. Opinion on Motion for Rehearing Submitted June 12, 1930. Mandamus — Irrigation Districts — Bonds — Sale of District Lands for Delinquent Taxes and Assessments — Tax Deeds — Nature of Title Secured by Purchasers — Lands Freed from Lien of Bonds — Constitutional Law — ...
293 Mont. 133 (1999) | Cited 46 times
... APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Robert W. Holmstrom, Judge presiding. ¶1. David Ommundson (Ommundson) pled guilty to a charge of driving or in actual physical control of a motor vehicle while under the influence ...
580 P.2d 439 (1979) | Cited 46 times
... Submitted May 4, 1978. This is an appeal by the father of three minor children from the amended findings of fact, conclusions of law and decree of dissolution entered by the Powell County District Court on October 13, 1977, concerning custody of the children and distribution of the marital ...
312 Mont. 52 (2002) | Cited 45 times
... Submitted on Briefs: September 20, 2001 ¶1 This appeal arises from decisions by the Red Lodge City Council and rulings by the Twenty-Second Judicial District Court concerning an application for a subdivision, its conditioned approval, and ultimate denial, as well as from special and advisory jury ...
179 P.3d 1164 (2008) | Cited 45 times
... Argued and Submitted: October 24, 2007 ¶1 Eugene Howard Ashby (Ashby) entered a guilty plea to the offense of Issuing a Bad Check, a Felony Common Scheme. The Eleventh Judicial District Court sentenced Ashby to a term of three years, all deferred, and imposed numerous conditions on his deferred ...
814 P.2d 52 (1991) | Cited 45 times
... Submitted on briefs April 12, 1991. Defendant, Allen Ray "Speedy" Matt, appeals from a conviction for felony assault in violation of § 45-5-202(2), MCA, following a jury trial in District Court in the Twentieth Judicial District, Lake County. We affirm. We have revised the issues as follows: 1. ...
500 P.2d 945 (1972) | Cited 44 times
... Rehearing Denied September 25, 1972. Submitted June 12, 1972. In an action between an insurer and its insured involving the insurer's subrogation rights and the insured's right to damages for breach of the insurance contract, the district court of Cascade County, the Hon. Paul G. Hatfield, ...
195 Mont. 409 (1981) | Cited 44 times
... Rehearing Denied December 21, 1981. Submitted September 22, 1981. In a damage action by a customer who slipped, fell and was injured on business premises, the District Court of Cascade County granted summary judgment to defendants. Plaintiff appeals. We reverse. On February 25, 1979, a warm ...
97 P.3d 1095 (2004) | Cited 44 times
... Submitted on Briefs: June 29, 2004 ¶1 Mark Robert Kougl appeals from a conviction of Operation of Unlawful Clandestine Laboratory. We reverse. ¶2 We restate the issues on appeal as: ¶3 Is Kougl's ineffective assistance of counsel claim properly before us on direct appeal, or is a post-conviction ...
150 Mont. 270 (1967) | Cited 44 times
... Rehearing denied December 20, 1967. Submitted September 14, 1967. This is an appeal by defendant from a judgment rendered against her in the sum of $15,915.60 in the district court of Broadwater County following a jury trial, and after defendant's motion for new trial had been denied. The suit in ...
88 Mont. 488 (1930) | Cited 44 times
... Rehearing denied February 12, 1931. Submitted November 8, 1930. Workmen's Compensation — Failure of Claimant to File Claim Within Statutory Time — When Insurance Carrier Estopped to Rely on Limitation — Equitable Estoppel — Principal and Agent — Ostensible Authority of Agent — Evidence. Equitable ...
160 P.3d 511 (2007) | Cited 44 times
... Submitted on Briefs: April 25, 2007 ¶1 Defendant Bryan Swann appeals two of the three counts of assault with a weapon for which he was convicted. We affirm. ¶2 We restate the issues as follows: ¶3 I. Did the District Court err in denying Swann's motion for a directed verdict? ¶4 II. Did the ...
167 P.3d 815 (2007) | Cited 43 times
... Submitted on Briefs: February 14, 2007 ¶1 A jury convicted Kingsley Ariegwe of attempted sexual intercourse without consent and unlawful transactions with children, and the District Court for the Eighth Judicial District, Cascade County, sentenced him to a term of imprisonment in the Montana State ...
306 Mont. 58 (2001) | Cited 43 times
... APPEAL FROM: District Court of the Ninth Judicial District, In and for the County of Pondera, The Honorable Marc G. Buyske, Judge presiding. Submitted on Briefs: September 21, 2000 ¶Appellant Deborah Jean White (White) appeals the Judgment of Conviction and Sentencing Order entered by the Ninth ...
353 P.2d 1054 (1960) | Cited 42 times
... Submitted May 2, 1960. Defendant, an inmate of the Montana State Prison, appeals from a judgment entered on a verdict of guilty of the crime of kidnapping with the intent to secretly confine. The verdict also found defendant had previously been convicted of a felony. It left the punishment to be ...
114 P.3d 254 (2005) | Cited 42 times
... Submitted on Briefs: October 19, 2004 ¶1 Warren Warclub pled guilty to the offense of deliberate homicide in the Montana Thirteenth Judicial District Court, Yellowstone County, on July 24, 2002. Shortly thereafter, Warclub moved to withdraw his guilty plea. After a hearing, the District Court ...
293 Mont. 60 (1999) | Cited 42 times
... APPEAL FROM: District Court of the Twentieth Judicial District, In and for the County of Sanders, The Honorable C. B. McNeil, Judge presiding. COUNSEL OF RECORD: Submitted on Briefs: July 23, 1998 ¶1. Bruce Holte Hagen (Bruce) appeals from the order entered by the Twentieth Judicial District ...
896 P.2d 411 (1995) | Cited 42 times
... Decided May 19, 1995. Heard: , 52 St.Rep. 407 Submitted February 16, 1995. This is an appeal from several Eighteenth Judicial District Court, Gallatin County, orders on motions for summary judgment. We reverse and remand. The following are issues on appeal: I. Did the District Court err by ...
293 Mont. 224 (1999) | Cited 42 times
... APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Thomas M. McKittrick, Judge presiding. Heard: September 16, 1998 Submitted: November 12, 1998 ¶1. Following a jury trial in the Eighth Judicial District Court, Cascade County, George Paul ...
88 Mont. 256 (1930) | Cited 41 times
... Submitted October 2, 1930. Personal Injuries — Automobile Collision — Negligence of Driver not Imputable to Guest — When Guest not Chargeable With Contributory Negligence — Joint Tort-feasors — When Release of One not Release of All — Compromise and Settlement — Non-suit — Directed Verdict — When ...
298 Mont. 358 (2000) | Cited 41 times
... APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Kenneth R. Neill, Judge presiding. Argued: May 4, 1999 Submitted: June 29, 1999 Clerk Justice W. William Leaphart ¶At approximately 1:00 p.m. on February 21, 1997, in an alley in Great ...
314 Mont. 434 (2003) | Cited 41 times
... Heard: October 2, 2001 Submitted: December 12, 2002 ¶1 Jesus Martinez and Daniel Olson pled guilty to felony drug offenses, while preserving the right to appeal the denial of separate motions to suppress evidence gathered as a result of an investigative stop of their vehicle. We reverse the order ...
308 Mont. 154 (2002) | Cited 41 times
... APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Marge Johnson, Judge presiding. Submitted on Briefs: January 17, 2002 ¶1 In July 1984, Dennis Brister (Brister) was sentenced to the Montana State Prison (MSP) for twenty years, ten years ...
303 Mont. 274 (2000) | Cited 40 times
... APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade The Honorable Kenneth R. Neill, Judge presiding. Heard: April 4, 2000 Submitted: June 28, 2000 Justice James C. Nelson ¶A.T. Klemens & Son (Klemens) appeals from a judgment resulting from a wrongful ...
631 P.2d 293 (1981) | Cited 40 times
... Submitted June 11, 1981. Defendant was charged with felony burglary and felony theft. After a hearing on May 9, 1980, defendant's motion to suppress illegally seized evidence was denied. A jury trial was held on August 18, 1980, and defendant was convicted on both counts. Defendant appeals, ...
15 P.2d 834 (1932) | Cited 40 times
... Submitted September 21, 1932. Personal Injuries — Automobiles — Action by Guest of Driver — Proximate Cause — Excessive Speed — Contributory Negligence — Intoxication of Driver — Jury Question — Evidence — Mortality and Annuity Tables — Photographs — Duty of Driver in Use of Highway — ...
551 P.2d 647 (1976) | Cited 39 times
... Submitted April 21, 1976. The administrator of decedent's estate brought a survival action against three defendants seeking damages for personal injuries and death of decedent, who was electrocuted in a whirlpool bath. The district court, Gallatin County, entered a judgment of dismissal as to one ...
1999 MT 261 (1999) | Cited 39 times
... APPEAL FROM: District Court of the First Judicial District, In and for the County of Lewis and Clark, The Honorable Jeffrey M. Sherlock, Judge presiding. Heard: October 15, 1998 Submitted: July 1, 1999 ¶ Plaintiffs James H. Armstrong, M.D.; Susan Cahill, P.A.; Barbara Polstein, D.O.; Mindy ...
541 P.2d 56 (1975) | Cited 39 times
... Submitted September 12, 1975. This is an appeal from a judgment in an action for collection of a promissory note and for damages arising under a contract for deed rendered by the district court, third judicial district, Deer Lodge County, Judge James D. Freebourn presiding without a jury. ...
316 Mont. 198 (2003) | Cited 39 times
... Submitted on Briefs: October 31, 2002 ¶1 Raymond Herrman (Herrman) appeals from his conviction of driving under the influence of alcohol following a jury trial in the Montana Thirteenth Judicial District Court, Yellowstone County. We dismiss Herrman's claim of ineffective assistance of counsel and ...
638 P.2d 1063 (1982) | Cited 39 times
... Submitted September 23, 1981. Marlene Gates appeals from a summary judgment entered by the District Court, Gallatin County, in favor of Life of Montana Insurance Co., on her claims for relief arising from the termination of her employment. Gates commenced employment as a cashier with defendant on ...
169 Mont. 422 (1976) | Cited 39 times
... Submitted December 8, 1975. This is an appeal from a summary judgment entered in an action on a promissory note in the district court, Gallatin County. The district court, Hon. Jack D. Shanstrom, presiding, ruled the defendant Arnold J. Tholkes was indebted to plaintiff Security Bank and Trust ...
257 P. 270 (1927) | Cited 38 times
... Submitted April 26, 1927. Master and Servant — Workmen's Compensation — Burden of Proof — "Industrial Accident" — What may Constitute — Appeal — Trial de Novo — Findings. Workmen's Compensation — Appeal to District Court — Failure of Court to Make Findings — When Claimant cannot Complain. 1. ...
279 P. 374 (1929) | Cited 38 times
... Submitted June 25, 1929. Husband and Wife — Alienation of Affections by Parent — Evidence — Declarations — Duty of Parents — Damages Recoverable — Malice — Appeal and Error — What not Excessive Verdict. Appeal and Error — Weight of Evidence — Credibility of Witnesses — Matters for Jury's ...
396 P.2d 86 (1964) | Cited 38 times
... Rehearing denied November 16, 1964. Submitted June 15, 1964. This is an appeal from a verdict of guilty of murder in the first degree in a case tried in Silver Bow County before the Honorable John B. McClernan. The defendant was sentenced to life imprisonment in the State Penitentiary. This ...
916 P.2d 122 (1996) | Cited 38 times
... 53 St.Rep. 428 Submitted on Briefs January 17, 1996. The plaintiff, Ida O. Busta, filed her complaint in the District Court for the Eighth Judicial District in Cascade County in which she sought compensation for damages to Delbert F. Busta pursuant to § 27-1-501, MCA, and to his heirs pursuant to ...
321 Mont. 432 (2004) | Cited 38 times
... Submitted on Briefs: January 16, 2003 ¶1 The Stanley L. and Carolyn M. Watkins Trust, and Steven B. Williamson, individually and as Personal Representative of the Estate of Stanley L. Watkins, deceased (collectively, "Appellants"), brought a legal malpractice action in the District Court for the ...
300 P. 245 (1931) | Cited 37 times
... Submitted April 8, 1931. Injunction — Real Property — Easement by Prescription — Right of Way for Private Road — Nature of Occupancy of Land Required — Appeal and Error — Equity — Findings — Implied Findings — Witnesses. Appeal and Error — Want of, and Defective, Findings — Provision of Statute ...
302 Mont. 518 (2000) | Cited 37 times
... APPEAL FROM: Workers' Compensation Court State of Montana The Honorable Mike McCarter, Judge presiding. Submitted on Briefs: December 2, 1999 1 ¶Michael Powell (Michael) appeals a decision of the Workers' Compensation Court denying his constitutional challenge to § 39-71-1107(3), MCA (1995), ...
176 Mont. 98 (1978) | Cited 37 times
... Rehearing Denied March 2, 1978. Submitted September 28, 1977. Plaintiff Deane Brown lost his left leg in the auger of a self-unloading feed wagon known as a "Grain-O-Vator", manufactured by defendant North American Manufacturing Co., an Iowa corporation. In his original complaint, plaintiff ...
79 Mont. 506 (1927) | Cited 36 times
... Submitted June 1, 1927. Office and Officers — Constitutional Law — Ineligibility of Legislator for Appointment to "Civil Office" Under State — Construction of Provision. Office and Officers — Constitution — "Civil Office" — Definition. 1. Held, that the words "civil office" as used in section 7 of ...
309 Mont. 1 (2002) | Cited 36 times
... APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Marg e Johnson, Judge presiding. Submitted on Briefs: August 9, 2001 ¶1 Carlos A-Lail Muhammad (“Muhammad”) appeals from the June 7, 2000, Order entered by the Montana Eighth Judicial ...
252 P. 382 (1927) | Cited 36 times
... Submitted December 20, 1926. Personal Injuries — Railroad Crossings — Automobiles — Injury to Guest of Driver — Contributory Negligence — Non-suit. Personal Injuries — Non-suit — How Judgment Viewed on Appeal. 1. On appeal from a judgment of non-suit every fact which the evidence tends to prove ...
88 Mont. 180 (1930) | Cited 36 times
... Rehearing denied November 25, 1930. Submitted May 9, 1930. Public Utilities — Public Service Commission — Power to Fix Minimum or Precise Rates — Statutes and Statutory Construction — Constitutional Law — Freedom of Contract — Right of Competition — Due Process of Law — Equal Protection of Laws — ...
901 P.2d 61 (1995) | Cited 36 times
... 52 St.Rep. 717 Submitted January 17, 1995. The defendants, Eddie Peterson and Bill Bullock, were charged in Jefferson County Justice Court with unlawfully killing a game animal in violation of § 87-3-103, MCA, and possession of an unlawfully killed animal in violation of § 87-3-112, MCA. The ...
91 Mont. 194 (1932) | Cited 36 times
... MR. JUSTICE GALEN delivered the opinion of the court. Submitted November 7, 1931. Carriers — Railroads — State Railroad Commission — Power of Board to Change Freight Rates not Retroactive — Appeal and Error — Stare Decisis — Doctrine Applied. Railroads — State Railroad Commission — Board Without ...
269 Mont. 320 (1995) | Cited 36 times
... Rehearing Denied February 17, 1995. , 52 St.Rep. 8 Submitted on Briefs October 28, 1994. Appellants Welden L. Daines and Great Falls Limited appeal from the findings of fact, conclusions of law, and final judgment of the Eighth Judicial District Court, Cascade County, denying the claims of ...
280 Mont. 273 (1996) | Cited 36 times
... 53 St.Rep. 1400 Submitted on Briefs October 31, 1996. On May 20, 1994, LaSchell Day filed a complaint in the District Court for the Nineteenth Judicial District in Lincoln County against her adoptive father, Robert R. Payne, in which she alleged that she had been sexually abused by Payne and in ...
320 Mont. 490 (2004) | Cited 35 times
... Submitted on Briefs: February 18, 2004 ¶1 Michelle Lee Herd appeals a sentencing condition imposed in the District Court Judgment which followed her plea of guilty to four counts of negligent homicide. We reverse and remand. ISSUE ¶2 Did the District Court err when it ordered, as a condition of ...
277 P. 615 (1929) | Cited 35 times
... Submitted April 4, 1929. Workmen's Compensation Act — Essential Elements Requisite to Warrant Compensation — Lump Sum Settlements in Discretion of Industrial Accident Board — Appeal — Jurisdiction of District Court — Judgment — Employees Required to Sleep on Premises of Employer — Resultant Injury ...
289 Mont. 232 (1998) | Cited 34 times
... Submitted on Briefs December 23, 1997. ¶ 1 In its findings of fact, conclusions of law and order, the Fourth Judicial District Court, Mineral County, terminated the parental rights of Bonnie D. (Bonnie) and Joe W. (Joe) to M.J.W. Joe appeals, contending that certain of the court's findings of fact ...
306 Mont. 525 (2001) | Cited 34 times
... APPEAL FROM: District Court of the Nineteenth Judicial District, In and for the County of Lincoln, The Honorable Michael C. Prezeau, Judge presiding. Submitted on Briefs: October 12, 2000 ¶Wayland Paul Harris appeals the denial of his petition for post-conviction relief in the Nineteenth Judicial ...
33 P.2d 563 (1934) | Cited 34 times
... Submitted April 7, 1934. Taxation — Income Tax Law — Constitutionality — Act Imposing Surtax Invalid — Unlawful Discriminations — Statutes and Statutory Construction — Plenary Power of Legislature — Limitation — Legislative Policy — Function of Courts. Income Taxes — Constitutionality of Act — ...
293 Mont. 524 (1999) | Cited 34 times
... APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Marge Johnson, Judge presiding. Submitted on Briefs: March 11, 1999 ¶1. Kathy N. (Kathy), the natural mother of J.N. and A.N., appeals from the decision of the District Court for the ...
315 Mont. 43 (2003) | Cited 34 times
... Submitted on Briefs: January 30, 2003 ¶1 Laurel Trader appeals from the July 17, 2002, Order and Memorandum of the Fourth Judicial District Court, Missoula County, granting partial summary judgment to Farmers Union Mutual Insurance. We affirm. ¶2 The following issue is raised on appeal: ¶3 (1) ...
608 P.2d 97 (1980) | Cited 34 times
... Submitted on Briefs November 11, 1979. This is an appeal by Sharon M. Herron on the distribution of property in this matter. Her former husband, respondent Dr. Paul Herron, brought an action for dissolution, custody, and a division of the couple's property in the District Court of the Eleventh ...
414 P.2d 918 (1966) | Cited 33 times
... Rehearing denied June 20, 1966. Submitted April 4, 1966. This is an appeal by defendant, Ralph M. Parsons Company, (hereafter called Parsons) from a verdict and judgment for damages in the sum of $29,825.00, rendered in the district court of Silver Bow County in favor of plaintiffs. The case ...
162 P.3d 134 (2007) | Cited 33 times
... Submitted on Briefs: January 18, 2006 ¶1 David and Alexandria Giambra (collectively, "the Giambras") filed suit on behalf of their minor son, Zadkiel Giambra ("Zadkiel"), against Craig and Christine Kelsey (collectively, "the Kelseys") and their son, Nicholas Kelsey ("Nicholas"), in the Sixth ...
276 P. 437 (1929) | Cited 33 times
... Submitted February 19, 1929. Personal Injuries — Automobiles — Death of Minor — Survival of Actions — Negligence — Proximate Cause of Injury — Rule — Contributory Negligence — Evidence — Jury may Allow Interest on Verdict — Damages to Parent — Matter Left Largely to Judgment of Jury — Verdict Held ...
296 P. 1033 (1931) | Cited 33 times
... Submitted February 9, 1931. State Indebtedness — Constitution — State Highway Debentures — Act Authorizing Sale of Debentures Invalid as Creating a State Liability in Excess of Constitutional Limitation — Statutes — Constitutionality — Rules — Submission of Measures to People at "General" and ...
951 P.2d 987 (1997) | Cited 33 times
... Submitted October 28, 1997. The plaintiff, Keith Ridley, filed a complaint for declaratory judgment against the defendant, Guaranty National Insurance Company, in the District Court for the First Judicial District in Lewis and Clark County. Ridley sought a District Court judgment that § 33-18-201, ...
791 P.2d 767 (1990) | Cited 33 times
... Submitted October 17, 1989 The City of Bozeman appeals a jury verdict against it in this suit for breach of a construction contract. The jury awarded plaintiff Story $360,000 in tort damages for breach of the covenant of good faith and fair dealing and $13,236 in contract damages. Story ...
412 P.2d 827 (1966) | Cited 33 times
... Rehearing denied April 21, 1966. Submitted March 8, 1966. This is an appeal from a judgment of conviction for the crime of manslaughter entered against defendant, Charles Stoddard, by the District Court of the Thirteenth Judicial District, the Honorable E.E. Fenton, Judge presiding. On Sunday, ...
291 P. 1042 (1930) | Cited 33 times
... Rehearing denied September 29, 1930. Submitted June 24, 1930. Personal Injuries — Master and Servant — Natural Gas Explosion — Negligence of Servant — When Servant Acting Within Scope of Employment — Contributory Negligence — What Does not Constitute — Excessive Verdicts — Instructions — Trial — ...
281 P. 913 (1929) | Cited 33 times
... Submitted October 2, 1929. Personal Injuries — Appeal and Error — Decision of Supreme Court on Prior Appeal is Law of Case on Retrial and on Subsequent Appeal. Appeal and Error — Former Ruling of Supreme Court on Reversal of Judgment is Law of Case on Retrial as Well as on Subsequent Appeal. 1. ...
605 P.2d 1000 (1979) | Cited 33 times
... MR. JUSTICE SHEEHY. Submitted January 29, 1979. This matter comes before the Montana Supreme Court from the District Court, Sixteenth Judicial District, Rosebud County, under the automatic review provisions of sections 95-2206.12 through 95-2206.15, R.C.M. 1947, now sections 46-18-307 through ...
405 P.2d 761 (1965) | Cited 33 times
... Rehearing denied October 1, 1965. Submitted May 12, 1965. This is an appeal from the District Court of the Eighth Judicial District of a judgment of conviction of first degree murder. Dennis Schmelzer White, the appellant, a 16 year old defendant, was charged with first degree murder. Trial was ...
75 Mont. 356 (1926) | Cited 32 times
... Submitted January 9, 1926. Oil and Gas — "Or" and "Unless" Leases — Termination — Contracts. Contracts — When not Subject to Construction. 1. Where a contract is plain and clear in its terms, neither interpretation nor construction is permissible, nor may resort be had to extrinsic circumstances ...
108 P.3d 500 (2005) | Cited 32 times
... Submitted on Briefs: January 26, 2005 ¶1 Elvis Lone Elk appeals from the District Court's denial of his motion to withdraw his guilty plea. We affirm. BACKGROUND ¶2 One night after eleven o'clock, Lone Elk went to the trailer of H.T. (Victim) looking for a woman named Jolene. It was November, ...