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MR. JUSTICE SANNER
delivered the opinion of the court.
Action by T. N. Howell to recover from Wallace Bent, Bert Bent, Michael Wrote, Tony Garcia, George Crosby, John Sad-ring, Charles Ingram, C. M. Young, W. R. Bainbridge, James Pauley, Tillman C. Graham, A. W. Adams and Curtis Beeler, as defendants, for injury to and... | [
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MR. CHIEF JUSTICE BRANTLY
delivered the opinion of the court.
On June 22, 1912, Stephen Roberts, as administrator of the estate of Martha Roberts, deceased, filed his petition in the district court of Broadwater county—that court having jurisdiction of the administration—alleging that he believed, and had reason to bel... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
On October, 28,1910, the Smith River Development Company, a Montana corporation, with its principal place of business at Helena, executed and delivered to John Ringling its promissory note for $16,000, due six months after date with interest at eight per .cent pe... | [
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PER CURIAM
It is ordered that the appeal in the above-entitled cause be, and the same is hereby, dismissed in accordance with stipulation of counsel on file herein. | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
Suit by appellant to quiet title to the south half of the southwest quarter of section 25, township 12 north, range 16 west, Missoula county, Montana. The complaint alleges that plaintiff is the owner of the land; that defendant, without right, claims some estate o... | [
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MB. JUSTICE HOLLOWAY
delivered the opinion of the court.
Action in claim and delivery to recover certain cattle or their value. Defendant appealed from an adverse judgment, and from an order denying him a new trial. The plaintiffs claim that they owned the cattle in dispute, and let them to one John D. Busch under an a... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
This is an appeal from certain findings and an order made in a proceeding in eminent domain, instituted by the Great Falls & Teton County Railway Company against E. H. Ganong and others, to condemn certain lands for railway purposes. The facts disclosed by the re... | [
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MR. CHIEF JUSTICE BRANTLY
delivered the opinion of the court.
The defendant was convicted of murder in the first degree and sentenced to imprisonment for life. He has appealed from the judgment and the order denying his motion for a new trial. The integrity of the judgment is assailed on the ground that prejudicial err... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
On March 26, 1912, a judgment upon a verdict was entered in favor of the plaintiff and against the defendant, in an action for damages for malicious prosecution. Some time thereafter— the record does not disclose when—defendant was granted sixty days, in addition... | [
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MR. CHIEF JUSTICE BRANTLY
delivered the opinion of the court.
Action for damages for loss sustained by the plaintiff by reason of the sale to him by defendant of a glandered horse. The defendant suffered default, and judgment was thereupon entered for the. relief demanded. On motion of defendant, an order was made sett... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
In plaintiff’s complaint as originally presented he alleged that in May, 1910, he entered into a contract with defendant by the terms of which he agreed to perform work and labor for defendant in skidding, hauling, and loading logs and ties, and in scaling the lo... | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
The pleadings in this case unfold with progressive elaboration. In all they occupy 169 pages of the transcript, and to produce them here, to present even an abstract of their essentials, would take so much space and serve such little purpose that a bare statement o... | [
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MR. JUSTÍCE SANNER
delivered the opinion of the court.
Dr. Gideon E. Blackburn, of Butte, died intestate on March 24, 1912, leaving some estate, and surviving heirs as follows: Hannah A. Blackburn, his wife, Charles A. Blackburn, a son, and two daughters- On March 29, 1912, Charles A. Blackburn filed in the district co... | [
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MR. CHIEF JUSTICE BRANTLY
delivered the opinion of the court.
Action by the plaintiff upon a promissory note for $5,000, payable on demand and executed and delivered by the Judith Basin Milling Company (hereafter referred to as “the company”) to the Empire Bank & Trust Company, of Lewistown, Montana, on March 6, 1911, ... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
On July 20, 1906, an agreement was entered into between Margaret Northey, Stephen H. Northey, the Butte & Boulder Mining & Lumber Company and H. L. Frank. This agreement is prefaced by an introductory clause which recites that the min ing and lumber company had b... | [
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MR. CHIEF JUSTICE BRANTLT
delivered the opinion of the court.
Original applications for writs of prohibition. Prior to June 20, 1913, the relator Hackshaw applied by petition to the board of commissioners of Chouteau county, for a license to engage in business as a retail liquor dealer at the village of Flowerree, in C... | [
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MR. CHIEF JUSTICE BRANTLT
delivered tbe opinion of tbe court.
Tbe plaintiff brought this action on July 19, 1911, to obtain a decree quieting its title to the property described in tbe com plaint, which is situated within the corporate limits of the city of Butte and consists of a strip of land extending from the south... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
This suit was instituted by Louis Kaufman against the city of Butte and its-street commissioner, to obtain an injunction. The plaintiff alleges that he is the owner, in possession, and entitled to the possession, of a certain piece of land 80x100 feet in extent, ... | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
This cause was presented to the district court upon an agreed statement of facts, and judgment was entered directing that a peremptory writ of mandate issue to the appellant, as county treasurer of Lewis and Clark county, requiring him to pay to the respondent the ... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
The complaint attempts to set forth three causes of action for damages: (1) For assault and other personal indignities; (2) for false imprisonment; and (3) for malicious prosecution. Each charge arose out of transactions which occurred while plaintiff was impriso... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
Robert G. Huston, a resident of Butte, died intestate in Seattle, Washington, on November 1, 1912. Thereafter two petitions were presented to the district court of Silver Bow county, each asking for the appointment of an administrator of the estate— one by a pers... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
The following promissory note is copied into the complaint and made the basis of plaintiff’s cause of action:
“July the 15, 1908.
“I promise to pay to Mrs. A. C. Yanderpool one thousand dollars, $1,000, in three years from date, at 6 per cent interest.
“S. L. Yan... | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
The respondent, Paul Michalsky, suffered personal injuries while in the employ of the appellant brewing company and brought this action to recover for the same. As detailed in the last amended complaint, the place of the accident and the manner of its happening are... | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
The respondent, plaintiff below, brought this action to recover damages for injuries received by him as the result of a fall of some scenery at the appellant’s Broadway Theater, in Butte, on December 9, 1910. The complaint is in two so-called causes of action, the ... | [
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MR. CHIEF JUSTICE BRANTLY
delivered the opinion of the court.
Action to foreclose a chattel mortgage. This appeal is from an order of the district court refusing to appoint a receiver pendente lite. On February 3, 1912, the defendant Erb-Harper-Rigney Company, a mercantile corporation doing business at Laurel, Yellowst... | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
■ Among the issues tendered by the complaint and joined by the answer are these: “That on or about the 17th day of September, 1910, plaintiff, being the owner and in possession of 140 head of fat beef cattle, then located and grazing in the vicinity of Malta, Monta... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
This is an appeal by the Chicago, Milwaukee and Puget Sound Railway Company and others from certain findings and an order of the district court made in a condemnation proceeding instituted by the Great Falls and Teton County Railway Company against E. H. Ganong a... | [
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MR. CHIEF JUSTICE BRANTLY
delivered the opinion of the court.
This action was brought to recover of the defendants Casey and Frank A. Shoemaker, damages for the conversion of certain personal property of plaintiff, consisting of a set of Werner’s edition of the Encyclopedia Britannica and miscellaneous books, sheet mus... | [
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PER CURIAM
It is ordered that the appeal in the above-entitled cause be dismissed in accordance with stipulation of counsel on file herein. | [
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■MB. JUSTICE SANNEB
delivered the opinion of the court.
The complaint alleges: That the plaintiff is the owner of 1305/1500 of what is known as the Moreland canal and water right in Gallatin county, Montana; that the defendant is the owner of 83/1500 of the same; that the defendant became such owner by virtue of a deed... | [
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MR. CHIEF JUSTICE BRANTLT
delivered the opinion of the court.
The plaintiff recovered a judgment for damages for personal injuries alleged to have been suffered by him during the course of his employment as a servant, by the defendant Missoula Light & Water Company. Adam Hadalin was also made a defendant, but the jury ... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
Action in conversion. Thé defendants prevailed in the lower court, and plaintiff has appealed from an order denying it a new trial.
. Plaintiff’s claim of title to the property out of which this controversy arose rests upon alleged purchases of it from the Shackl... | [
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PER CURIAM
Upon motion of counsel for appellant herein, it is ordered that the appeal in this cause be and the same is hereby dismissed. | [
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MR. JUSTICE ‘SANNER
delivered the opinion of the court.
Action on a bond arising out of the following circumstances: One Perrine brought suit in the district court of Deer Lodge county against J. W. Lyon, the respondent on this appeal, alleging the existence of a copartnership between himself and Lyon in the business o... | [
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MR. CHIEF JUSTICE BRANTLY
delivered the opinion of the court.
This action was brought by the plaintiffs to obtain a decree dissolving a mining copartnership composed of the plaintiffs and the defendant, and to compel the defendant to account to the plaintiffs for the value of certain ore alleged to have been extracted ... | [
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ME. CHIEF JUSTICE BBANTLY
delivered the opinion of the court.
Action for damages for fraud practiced by the defendants upon the plaintiff in the sale to him of 120 acres of land situate in Bavalli county. Defendants are husband and wife. The fraud alleged is that defendants knowingly and falsely represented to the plai... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
Under the grant of July 2, 1864, section 23, township 3 south, range 8 east, and section 31, township 4 north, range 10 east, in Park county, were transferred by the government to the Northern Pacific' Railroad Company. The Northern Pacific Railway Company succee... | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
Action by appellant to recover damages for personal injuries caused by an explosion of dynamite in a mine of the respondent company on January 18, 1911. Nonsuited upon the trial, he appeals from the judgment. The allegations of the complaint touching the cause and ... | [
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PER CURIAM
It is ordered that the appeal in the above-entitled cause be, and the same is hereby,- dismissed without prejudice, in accordance with motion of appellant on file herein. | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
Action to recover $6 damages for trespass and $280 penalty for the wrongful rescue of fourteen head of trespassing animals. The cause originated in a justice of the peace court, was appealed to the district court, and from a judgment therein favorable to the plai... | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
Action by appellants to quiet title to a portion of the East Brooklyn lode, Granite county, Montana, which is in apparent-conflict with a prior location of the Speculator lode, claimed by respondents. The trial was to the court, Honorable Geo. B. Winston presiding ... | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
By an information filed in the district court of Park county, the respondent, one Peter Harper, was accused of aiding a woman in obtaining transportation from Woodlake, Minnesota, to Livingston, Montana, for the purpose of concubinage, contrary to the provisions of... | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
This proceeding, with its separate appeals from the judgment and from an order granting a new trial in the same case, aptly illustrates one of the anomalies of our appellate procedure. As the effect of an order granting a new trial is to set aside the verdict or ot... | [
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PER CURIAM
The petition of relatrix for a writ of mandate herein, having this day been presented to the court, it is after due deliberation ordered that a peremptory writ issue, directing the court below to issue a writ of possession or make such orders as may be necessary to enforce its decree in the suit of Henry J. ... | [
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MR. JUSTICE S'ANNER
delivered the opinion of the court.
The amended complaint alleges that on the night of September 20, 1910, while the respondent was walking along a sidewalk or footpath upon Ohio street, in the incorporated town of Chinook, she fell into an unguarded excavation negligently maintained by said town ad... | [
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MR. CHIEF JUSTICE BRANTLY
delivered the opinion of the court.
Action for damages alleged to have been caused to the lands of plaintiff by the wrongful aet of the defendant. The plaintiff had verdict and judgment. The defendant has appealed from the judgment and an order denying its motion for a new trial.
The plaintiff... | [
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HON. ALBERT P. STARK,
Judge of the Sixth Judicial District, sitting in place of MR. JUSTICE SANNER,
disqualified, delivered tbe opinion of tbe court.
Tbis is an action brought by tbe plaintiff against tbe defendant„ publisher of tbe “Helena Daily Independent,” to recover damages alleged to have been sustained by bim on... | [
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HON.’HARRY H. EWING,
a Judge of the Eighth Judicial District, sitting in place of MR. JUSTICE SANNER, disqualified,
delivered the opinion of the court.
Appeal from an order granting defendant a new trial. The action is for damages for a breach of contract. The contract is in writing, executed by the parties hereto, and... | [
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MB. CHIEF JUSTICE BBANTLY
delivered the opinion of the court.
This action was brought to have determined the extent of the respective rights of the plaintiff and the defendants to the use of the water flowing in Bear creek, in Gallatin county, and the order of their priorities. The stream is formed by two branches, whi... | [
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MR. CHIEF JUSTICE BRANTLY
delivered the opinion of the court.
The plaintiff recovered a judgment for damages for a personal injury suffered during the course of his employment by the defendant. The defendant has appealed from the judgment and an order denying its motion for a new trial.
The plaintiff was employed by de... | [
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MB. JUSTICE SANNEB
delivered the opinion of the court.
On November 15, 1913, the relator herein filed in the district court of Beaverhead county his final report and account as guardian of the estate of Yenora E. Metlen, incompetent. To this report and account D. E. Metlen, as the husband of Yenora E. Metlen, filed cer... | [
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MR. JUSTICE SANNER
delivered the opinion of the court.
Such of the facts as we deem pertinent to the decision of this case are as follows: An ordinance of the city of Butte was passed and approved in January, 1913, establishing for the first time the grade of Emmett, Diamond, and other streets, and on March 5, 1913, a ... | [
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MR. JUSTICE HOLLOWAY
delivered the opinion of the court.
On January 27, 1913, there was filed with the clerk of the district court of Gallatin county a petition for the creation of an irrigation district under the provisions of Chapter 146, Laws of 1909.
The petition suggests a name for the proposed district; describes... | [
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-75,
13,
79,
16,
-38,
0,
-5,
-40,
... |
MR. CHIEF JUSTICE BRANTLY
delivered'the opinion of the court.
Action for damages for malicious prosecution. The plaintiff had verdict and judgment. The defendants have appealed from the judgment and an order denying their motion for a new trial.
On behalf of the defendants the contention is made that the court erred in... | [
14,
54,
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-4,
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-7,
1,
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7,
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-8,
-4,
-40,
-11,
-15,
6,
16,
59,
29,
44,
-64,
34,
-7,
81,... |
MR. JUSTICE SANNER
delivered the opinion of the court.
The complaint of respondent alleges in substance that about May 15, 1906, he entered into an oral contract with Olive Ahrens, now deceased, in and by which it was agreed that he should perform work and labor in the care and management of her ranch during her lifeti... | [
19,
0,
-33,
-4,
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6,
6,
47,
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23,
25,
-14,
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20,
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3,
10,
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1,
14,
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3,
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35,
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41,
33,
31,
0,
-29,
-4,
-8,
2,
16,
19,
-25,
10,
56,
10,
-52,
1,
-34,
-16,
-2... |
MR. CHIEF JUSTICE BRANTLY
delivered the opinion of the court.
On April 20, 1908, the defendant, claiming to be the exclusive owner of the Divide quartz lode mining claim, situate in the Little Rocky mining district, in Chotear^ county, made its application to the United States for a patent therefor through the land off... | [
-29,
28,
39,
-63,
28,
31,
37,
-36,
25,
43,
12,
-14,
18,
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-35,
-41,
-45,
26,
10,
9,
5,
45,
-4,
37,
-28,
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12,
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7,
3,
14,
-48,
2,
9,
2,
1,
-11,
-41,
-3,
4,
49,
14,
-2,
-2,
-4,
-23,
-41,
16,
-10,
83,
11,... |
Denied
Original Proceeding Habeas Corpus | [
6,
-67,
-69,
-2,
54,
-39,
-20,
-1,
-6,
-8,
-3,
-8,
-23,
-10,
21,
87,
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0,
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-17,
-11,
23,
-48,
-23,
-51,
0,
-49,
-26,
-69,
75,
-21,
-4... |
Affirmed
Dist. 18 (Gallatin) | [
-43,
-41,
-19,
16,
8,
28,
61,
11,
32,
25,
-120,
-14,
-9,
-4,
8,
74,
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-6,
88,
-19,
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3,
-20,
19,
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0,
-7,
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28,
-56,
-48,
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-58,
-9,
35,
-45,
-109,
-69,
-38,
11,
-35,
-42,
-31,
-10,
-12,
-2,
... |
Affirmed
Dist. 6 (Park) | [
-47,
8,
-23,
-59,
90,
74,
32,
72,
87,
18,
-81,
-23,
-20,
52,
94,
41,
-63,
-2,
-12,
-2,
-47,
-15,
-8,
-37,
-16,
21,
-2,
12,
-30,
-10,
3,
-16,
-28,
7,
-23,
-49,
-73,
-2,
-41,
-6,
-109,
-24,
22,
56,
-8,
21,
-30,
-12,
37,
... |
Affirmed
Dist. 13 (Yellowstone) | [
-5,
47,
-8,
-10,
26,
45,
79,
86,
44,
-3,
-53,
-15,
23,
-36,
32,
29,
-83,
-31,
36,
-25,
-68,
2,
-45,
4,
-12,
32,
-12,
15,
-34,
18,
-11,
-35,
-20,
-79,
-6,
-33,
-7,
85,
-24,
-40,
4,
-34,
-4,
6,
-29,
-6,
12,
-45,
26,
-11,... |
Denied
Original Proceeding Habeas Corpus | [
6,
-67,
-69,
-2,
54,
-39,
-20,
-1,
-6,
-8,
-3,
-8,
-23,
-10,
21,
88,
13,
-2,
55,
-73,
47,
-63,
-12,
8,
0,
-38,
77,
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13,
36,
32,
-36,
-50,
-5,
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18,
-17,
-11,
23,
-48,
-23,
-51,
0,
-49,
-26,
-69,
75,
-21,
-4... |
Affirmed
Dist. 1 (Lewis and Clark) | [
15,
13,
14,
-47,
25,
61,
26,
26,
51,
48,
-79,
15,
21,
-21,
11,
54,
-109,
8,
49,
4,
-94,
34,
-56,
-32,
1,
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31,
-50,
-106,
-44,
-86,
-39,
53,
0,
20,
-38,
-7,
24,
-63,
... |
Granted in part
Original Proceeding Supervisory Control | [
-28,
-52,
-25,
-77,
40,
-20,
-17,
-18,
20,
-66,
-58,
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-93,
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-6,
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-10,
-39,
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-60,
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6,
29,
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42,
45,
22,
-20,
-4,
38,
13,
-51,
-14,
-31,
3,
1,
-61,
68... |
Affirmed
Dist. 11 (Flathead) | [
-18,
46,
-40,
-8,
-8,
39,
53,
38,
36,
47,
-59,
12,
-4,
-22,
22,
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-39,
-1,
-5,
-5,
-77,
-17,
-54,
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-27,
-2,
-19,
-26,
-73,
54,
-20,
3,
-40,
-19,
-18,
-20,
-29,
23,
-82,
-90,
-41,
-30,
12,
14,
3,
-37,
-46,
23,
7,
... |
Affirmed
Dist. 21 (Ravalli) | [
-37,
41,
-42,
-4,
24,
76,
54,
42,
16,
21,
-21,
-22,
3,
-8,
89,
62,
-18,
-2,
55,
-22,
-117,
8,
-57,
-10,
-8,
0,
5,
12,
-49,
69,
-4,
-65,
-17,
2,
-25,
-57,
-70,
27,
-63,
-89,
-13,
-25,
-50,
46,
-19,
-2,
-24,
-35,
29,
-75... |
JUSTICE SHEA
delivered the Opinion of the Court.
¶1 Theron James Blake appeals an order of the Tenth Judicial District Court, Fergus County, denying his motion to dismiss charges against him. We address:
Whether the District Court prejudiced Blake when it conducted an in-chambers conference in Blake’s absence.
¶2 We af... | [
0,
16,
-33,
-9,
2,
-30,
-3,
-6,
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29,
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21,
30,
-6,
-21,
-3,
-13,
7,
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-6,
39,
-30,
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23,
26,
51,
-54,
1,
3,
-24,
26,
-45,
-60,
34,
17,
48,
-27,
4,
0,
... |
JUSTICE McKINNON
delivered the Opinion of the Court.
¶1 The Water Use Act provides a comprehensive permit based system for new appropriations of water in Montana. The Act permits certain groundwater appropriations to be exempt from the permitting process. Relevant here, § 85-2-306(3)(a)(iii), MCA, provides an exemption... | [
52,
23,
12,
8,
21,
0,
59,
18,
6,
108,
33,
-14,
70,
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31,
9,
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17,
27,
21,
8,
6,
-30,
83,
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-13,
-3,
0,
-37,
-27,
-54,
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21,
34,
76,
-10,
-5,
24,
-37,
-42,
-16,
20,
29,
43,
26,
7,
29,
10,
-33... |
JUSTICE COTTER
delivered the Opinion of the Court.
¶1 Paul L. Kurth died at the age of 82 on January 26, 2000, in a Missoula, Montana, hospital. Prior to his death, Kurth had resided with his niece and her husband, Sinda and Marty Puryer, in Kalispell for several years. On February 19,1998, Marty hand wrote a document ... | [
36,
19,
18,
-28,
52,
-39,
41,
22,
38,
1,
-11,
-24,
54,
71,
-19,
-8,
48,
27,
-16,
10,
-9,
9,
-38,
3,
-5,
18,
6,
55,
8,
-32,
62,
-20,
-4,
-43,
29,
73,
31,
-48,
25,
-15,
2,
-59,
19,
25,
-25,
35,
40,
-31,
-19,
-18,
-9,
... |
OPINION AND ORDER
¶1 Appearing as a self-represented litigant, Matthew Montgomery appeals a November 10,2015 Ravalli County District Court’s summary denial of his motion to vacate his conviction and dismiss the charges. We affirm.
PROCEDURAL AND FACTUAL BACKGROUND
¶2 This Court is familiar with Montgomery’s criminal hi... | [
29,
21,
10,
28,
37,
5,
-35,
-54,
-67,
8,
-8,
16,
-26,
-13,
2,
21,
26,
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-2,
-45,
82,
0,
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14,
24,
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-40,
-11,
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-4,
20,
40,
-22,
4,
57,
22,
22,
-82,
12,
-26,
2,
-63,
90,
-36,
45,
-16... |
JUSTICE BAKER
delivered the Opinion of the Court.
¶1 Rimrock Chrysler, Inc., appeals the order of the Thirteenth Judicial District Court, Yellowstone County, denying Rimrock’s motion to vacate an administrative proceeding and its motion to dismiss for lack of jurisdiction. We restate the issues on appeal as follows:
1.... | [
12,
37,
11,
24,
15,
12,
47,
-4,
-32,
18,
32,
68,
7,
-27,
-4,
-4,
32,
99,
1,
-4,
-19,
1,
9,
-29,
22,
-36,
-9,
-61,
-5,
-14,
-6,
-39,
50,
-27,
-31,
26,
3,
29,
15,
-25,
9,
31,
-30,
5,
-4,
0,
12,
-68,
20,
-6,
27,
9,
... |
JUSTICE BAKER
delivered the Opinion of the Court.
¶1 Timothy Cheetham Sr. appeals the findings, judgment, and sentence entered by the Fifth Judicial District Court, Jefferson County, on a jury verdict finding him guilty of one count of sexual intercourse without consent, one count of sexual assault, and one count of se... | [
9,
0,
38,
24,
10,
-39,
-29,
-18,
-32,
0,
-39,
-19,
26,
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-1,
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65,
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31,
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6,
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34,
1,
13,
22,
-34,
-1,
-33,
28,
-9,
17,
-33,
26,
21,
-... |
Affirmed
Dist. 20 (Lake) | [
-45,
-17,
-5,
-105,
2,
68,
59,
68,
44,
-3,
-93,
-29,
-14,
-9,
52,
77,
-62,
-14,
22,
-24,
-7,
6,
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-39,
-51,
-13,
0,
-10,
-44,
-4,
-62,
-57,
-27,
-29,
-17,
-55,
-12,
19,
-60,
-53,
-26,
-7,
9,
-16,
22,
41,
29,
-12,
16,
... |
OPINION AND ORDER
¶1 Before the Court is a Petition for Declaratory and Injunctive Relief seeking to invoke this Court’s original jurisdiction pursuant to M. R. App. P. 14(4). The Petition challenges the constitutionality of Initiative No. 181 (1-181) and seeks an order enjoining the Secretary of State from certifying ... | [
49,
-17,
-74,
-23,
58,
9,
58,
38,
-17,
32,
-76,
-15,
75,
-2,
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33,
1,
23,
44,
15,
-16,
0,
-35,
-5,
-6,
18,
-27,
-2,
... |
Affirmed
Dist. 4 (Missoula) | [
8,
-14,
-38,
15,
55,
57,
34,
46,
-9,
40,
-87,
-4,
13,
8,
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6,
-20,
-82,
-38,
-48,
12,
1,
-42,
-22,
-20,
-32,
65,
-15,
... |
Affirmed
Dist. 1 (Lewis and Clark) | [
15,
13,
14,
-47,
25,
61,
26,
26,
51,
48,
-79,
15,
21,
-21,
11,
54,
-109,
8,
49,
4,
-94,
34,
-56,
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6,
34,
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5,
20,
-21,
-57,
-63,
31,
-50,
-106,
-44,
-86,
-39,
53,
0,
20,
-38,
-7,
24,
-63,
... |
Denied
Original Proceeding Habeas Corpus | [
6,
-67,
-69,
-2,
54,
-39,
-20,
-1,
-6,
-8,
-3,
-8,
-23,
-10,
21,
87,
14,
-2,
55,
-73,
47,
-63,
-12,
8,
0,
-38,
76,
-14,
13,
36,
33,
-36,
-50,
-5,
-17,
-47,
18,
-17,
-11,
23,
-48,
-23,
-51,
0,
-49,
-26,
-69,
75,
-21,
-4... |
JUSTICE McKINNON
delivered the Opinion of the Court.
¶1 Article II, Section 24, of the Montana Constitution, grants individuals accused of crimes the right to a speedy trial. At issue here is whether the right to a speedy trial is violated when, among other things, an accused is deprived of access to rehabilitation pro... | [
29,
9,
9,
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-12,
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65,
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1,
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-1,
15,
47,
-33,
-55,
4,
-32,
10,
-10,
54,
18,
20,
30,
-37... |
Affirmed
Dist. 8 (Cascade) | [
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18,
-47,
-3,
28,
20,
13,
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52,
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-11,
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-41,
66,
-37,
-67,
-69,
-27,
-26,
-4,
-35,
-20,
13,
24,
32,
-... |
JUSTICE McKINNON
delivered the Opinion of the Court.
¶1 Appellant Geremy Lee Pepper (Pepper) appeals from an order entered in the Twenty-Second Judicial District Court, Carbon County, denying his motion to dismiss. The issue to be determined on appeal is whether Pepper’s statutory right to speedy trial guaranteed under... | [
-3,
0,
3,
-15,
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-32,
-43,
-38,
-48,
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-12,
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-48,
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-13,
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30,
13,
-8,
-1,
-25,
-26,
0,
-26,
1,
-47,
-11,
32,
-50,
... |
Denied
Original Proceeding Supervisory Control | [
0,
-113,
-88,
-50,
88,
-46,
-16,
-8,
-5,
-8,
-21,
1,
17,
-34,
-13,
40,
-1,
0,
-22,
-55,
118,
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-29,
-44,
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-15,
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12,
4,
-50,
-13,
-14,
-7,
-54,
-47,
-26,
-55,
-49,
22,
-... |
JUSTICE SHEA
delivered the Opinion of the Court.
¶1 C.V. appeals from a May 8, 2015 Order of the Seventh Judicial District Court, Dawson County, granting the State’s petition for involuntary commitment.
¶2 We address the following issues on appeal:
Issue One: Whether the District Court erred in finding there was suffic... | [
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-18,
-27,
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-39,
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8,
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0,
75,
12,
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22,
23,
-30,
23,
-4,
-27,
-57,
-2,
-9,
0,
-17,
6,
... |
Affirmed
Dist. 1 (Lewis and Clark) | [
15,
13,
14,
-47,
25,
61,
26,
26,
51,
48,
-79,
15,
21,
-21,
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54,
-109,
8,
49,
4,
-94,
34,
-56,
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1,
6,
34,
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28,
15,
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5,
20,
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31,
-50,
-106,
-44,
-86,
-39,
53,
0,
20,
-38,
-7,
24,
-63,
... |
OPINION AND ORDER
JUSTICE RICE
delivered the Opinion and Order of the Court.
¶1 While the appeal in this matter was pending, Appellees First American Title Company and U.S. Bank Trust, N.A. (Appellees) filed a joint motion requesting an order declaring Appellant John P. Stokes (Stokes) to be a vexatious litigant and re... | [
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-24,
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-32,
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8,
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19,
-24,
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-41,
-8,
-10,
-39,
15,
-64,
10,
8,
35,
-7,
-21,
-10,
28,
77,
26,
37,
-44,
-14,
13,
12,
0,
-37,
-34,
-13,
21,
-16,
-17,
46,
11,
29,
53,
-7,
-14,
20,
-26,
-42,
7,
58,
12,
-40,
... |
Affirmed
Dist. 10 (Fergus) | [
1,
34,
-26,
-33,
18,
54,
67,
88,
-14,
-11,
-70,
35,
-29,
25,
57,
26,
-51,
-6,
38,
-42,
-20,
20,
22,
19,
-35,
50,
-10,
-23,
-86,
30,
-49,
0,
-1,
-5,
-12,
-94,
-8,
-1,
-66,
-91,
-24,
-86,
-33,
0,
0,
-7,
-7,
44,
5,
6,
-... |
JUSTICE BAKER
delivered the Opinion of the Court.
¶1 Elizabeth West, acting as Guardian Ad Litem for Peter Lee, and United Services Automobile Association and USAA Casualty Insurance Company (collectively USAA) dispute the effect of TRICARE medical payment hens on USAA’s responsibility to promptly pay Lee’s liability s... | [
14,
-10,
24,
6,
41,
-37,
20,
-48,
45,
-16,
17,
39,
38,
-5,
21,
-7,
66,
15,
30,
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4,
44,
-45,
-33,
24,
34,
4,
21,
24,
42,
-42,
61,
-12,
-71,
25,
23,
37,
-8,
-29,
7,
-12,
0,
-5,
-16,
40,
47,
5,
85,
12,
4,
-23... |
JUSTICE BAKER
delivered the Opinion of the Court.
¶1 Brian Temple filled a prescription for Oxycodone in April 2011. A month later, police officers discovered Oxycodone residue on a spoon in Temple’s possession. The State charged him with criminal possession of dangerous drugs. The trial court instructed the jury that ... | [
9,
5,
23,
24,
-10,
-41,
-25,
-9,
6,
0,
22,
4,
20,
24,
31,
33,
15,
-26,
16,
5,
9,
30,
57,
-52,
-5,
-19,
-41,
48,
-31,
-8,
23,
-18,
104,
-19,
8,
29,
53,
4,
8,
16,
21,
-9,
-55,
22,
-35,
40,
-1,
-12,
62,
0,
-2,
-32,
... |
JUSTICE McKINNON
delivered the Opinion of the Court.
¶1 Article II, Section 26 of the Montana Constitution guarantees to individuals that the right to a jury trial is “secured to all and shall remain inviolate.” However, this inviolate right encompasses only non-equitable causes of action to which the right had already... | [
21,
12,
-43,
-22,
-29,
-57,
-14,
40,
-38,
53,
60,
-34,
28,
9,
11,
-16,
-43,
-13,
62,
25,
46,
-21,
-42,
-5,
-10,
-24,
-26,
4,
2,
-17,
3,
-31,
8,
-21,
4,
18,
12,
18,
5,
-8,
50,
-14,
-5,
-4,
-15,
55,
-47,
-16,
-7,
-1,
7... |
JUSTICE COTTER
delivered the Opinion of the Court.
¶1 Holly and Robert Labair (the Labairs) appeal from final judgment on their legal malpractice claim entered for defendants Steve Carey and Carey Law Firm (collectively “Carey”) in the Montana Fourth Judicial District Court, Missoula County. We vacate and remand for a ... | [
-12,
24,
-32,
2,
56,
-62,
17,
-56,
23,
5,
-38,
-24,
65,
-17,
16,
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41,
-58,
26,
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-32,
-18,
-14,
25,
0,
-7,
45,
18,
34,
37,
-22,
10,
15,
-27,
21,
75,
47,
24,
-4,
-45,
0,
57,
35,
-53,
-16,
-41,
19,
40,
26,
52,
6... |
JUSTICE SHEA
delivered the Opinion of the Court.
¶1 The State of Montana appeals an order of the Twenty-First Judicial District Court, Ravalli County, denying the State’s motion to conform the District Court’s written judgment to its oral pronouncement of James John Harrison’s sentence for convictions related to poachi... | [
29,
34,
-15,
3,
-31,
-16,
-34,
57,
-7,
37,
-9,
-14,
-26,
-4,
59,
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15,
-8,
-21,
40,
44,
12,
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-9,
12,
0,
-16,
84,
9,
-31,
34,
47,
62,
-77,
8,
18,
-11,
1,
4,
14,
14,
-10,
-17,
28,
6,
-29,
-8,
-2,
-21,
-64,
26,
... |
JUSTICE McKINNON
delivered the Opinion of the Court.
¶1 Jeanette Diaz, Leah Hoffmann-Bernhardt, and others similarly situated, collectively (Diaz), appeal from an order entered in the First Judicial District Court determining the manner in which prejudgment interest on payments due to class members was to be calculated... | [
2,
-1,
-17,
-19,
53,
3,
0,
-16,
-4,
37,
22,
51,
73,
3,
-3,
-8,
-77,
12,
38,
64,
-21,
12,
-49,
43,
3,
4,
31,
-45,
24,
20,
-18,
-37,
0,
-27,
-25,
5,
-17,
-10,
-1,
-10,
51,
-12,
-5,
13,
-29,
17,
2,
-1,
11,
0,
58,
1,
... |
JUSTICE WHEAT
delivered the Opinion of the Court.
¶1 William Muller (Muller) appeals from the order of the Eleventh Judicial District Court, Flathead County, granting Flathead Bank of Bigfork’s (Flathead Bank) motion for summary judgment. We affirm.
¶2 We restate the issues on appeal as follows:
Issue one: Did the Dist... | [
-15,
41,
2,
5,
-35,
27,
50,
-3,
6,
8,
44,
57,
13,
-6,
-38,
-21,
21,
-14,
8,
-23,
-49,
-47,
-2,
-17,
-12,
52,
-12,
44,
77,
24,
21,
-41,
-10,
4,
-7,
16,
-26,
9,
-21,
-25,
-7,
23,
-51,
-11,
-22,
-35,
-37,
-47,
24,
-10,
... |
JUSTICE SHEA
delivered the Opinion of the Court.
¶1 Plaintiff Kelly G. Watson (“Watson”) appeals the January 25,2017 Order by the Eighth Judicial District Court, Cascade County, granting Defendant Burlington Northern and Sante Fe Railway Company’s (“BNSF”) motion for summary judgment on Watson’s asbestos-related diseas... | [
-7,
11,
-3,
33,
66,
87,
-5,
-42,
8,
27,
3,
9,
26,
-38,
-1,
-70,
1,
-7,
9,
61,
31,
68,
61,
-56,
-18,
-34,
-26,
3,
-20,
46,
-6,
-66,
-6,
-27,
-22,
18,
-36,
26,
-3,
-32,
-18,
-2,
40,
27,
-7,
-19,
12,
16,
27,
5,
66,
23... |
Affirmed
Dist. 22 (Carbon) | [
-8,
-23,
-25,
-59,
39,
93,
22,
0,
62,
-10,
-68,
-34,
-28,
-34,
61,
59,
-38,
56,
48,
-33,
21,
0,
-25,
-50,
-25,
-37,
-1,
-10,
-21,
43,
-42,
-39,
-22,
32,
-3,
-96,
-117,
13,
-42,
-66,
-44,
-74,
-37,
35,
24,
-48,
53,
10,
39... |
Denied
Original Proceeding Supervisory Control | [
0,
-113,
-88,
-50,
88,
-46,
-16,
-8,
-5,
-8,
-21,
1,
17,
-34,
-13,
40,
-1,
0,
-22,
-55,
118,
-1,
-29,
-44,
-31,
-25,
21,
-44,
-15,
-12,
-41,
-76,
-53,
18,
-55,
39,
12,
4,
-50,
-13,
-14,
-7,
-54,
-47,
-26,
-55,
-49,
22,
-... |
JUSTICE SHEA
delivered the Opinion of the Court.
¶1 Gabriel Pearson appeals an order of the Ninth Judicial District Court, Toole County, granting summary judgment to Bernice McPhillips and relieving her of liability for a fire James Raulston started while cutting scrap metal on McPhillips’ property. We address:
1. Whet... | [
3,
21,
-19,
20,
8,
-6,
-15,
-8,
26,
48,
51,
18,
59,
-4,
6,
-57,
18,
4,
1,
15,
40,
-53,
36,
-34,
-22,
-45,
-38,
22,
-17,
22,
-29,
2,
25,
-21,
0,
47,
-23,
49,
-23,
7,
6,
13,
58,
-34,
32,
69,
5,
-15,
31,
5,
5,
9,
28... |
JUSTICE BAKER
delivered the Opinion of the Court.
¶1 Citizens for a Better Flathead (Citizens) appeals the District Court’s rejection of its challenge to Flathead County’s 2012 Revised Growth Policy. Citizens asserts that both the Flathead County Planning Board (Planning Board or Board) and the County Commission (Commi... | [
-2,
39,
3,
-31,
-5,
-5,
39,
25,
12,
21,
12,
3,
72,
9,
32,
-31,
-23,
3,
0,
43,
-50,
-37,
19,
22,
-16,
-10,
-31,
-10,
-8,
-7,
17,
-20,
-1,
-5,
-34,
33,
-32,
54,
-8,
11,
23,
3,
-18,
12,
-10,
3,
-1,
-2,
-6,
17,
33,
-6,... |
CHIEF JUSTICE McGRATH
delivered the Opinion of the Court.
¶1 Tina McColl (McColl) appeals from a July 15,2015 jury verdict in her favor against Michael Lang, N.D. (Lang). The jury found Lang departed from the standard of care applicable to a naturopathic physician in his care of McColl, awarded damages, but declined to... | [
-25,
-52,
-4,
5,
16,
-42,
-3,
-17,
-37,
28,
-4,
8,
65,
-24,
-5,
13,
71,
-47,
73,
-20,
23,
8,
33,
-8,
-31,
-28,
-27,
-14,
17,
10,
0,
18,
32,
-43,
14,
30,
49,
30,
-53,
-23,
-52,
-78,
-19,
32,
-9,
0,
23,
-1,
10,
0,
26,
... |
Denied
Original Proceeding Habeas Corpus | [
6,
-67,
-69,
-2,
54,
-39,
-20,
-1,
-6,
-8,
-3,
-8,
-23,
-10,
21,
88,
13,
-2,
55,
-73,
47,
-63,
-12,
8,
0,
-38,
77,
-15,
13,
36,
32,
-36,
-50,
-5,
-17,
-47,
18,
-17,
-11,
23,
-48,
-23,
-51,
0,
-49,
-26,
-69,
75,
-21,
-4... |
Denied
Original Proceeding Habeas Corpus | [
6,
-67,
-69,
-2,
54,
-39,
-20,
-1,
-6,
-8,
-3,
-8,
-23,
-10,
21,
88,
13,
-2,
55,
-73,
47,
-63,
-12,
8,
0,
-38,
77,
-15,
13,
36,
32,
-36,
-50,
-5,
-17,
-47,
18,
-17,
-11,
23,
-48,
-23,
-51,
0,
-49,
-26,
-69,
75,
-21,
-4... |
Affirmed
Dist. 13 (Yellowstone) | [
-5,
47,
-8,
-10,
26,
45,
79,
86,
44,
-3,
-53,
-15,
23,
-36,
32,
29,
-83,
-31,
36,
-25,
-68,
2,
-45,
4,
-12,
32,
-12,
15,
-34,
18,
-11,
-35,
-20,
-79,
-6,
-33,
-7,
85,
-24,
-40,
4,
-34,
-4,
6,
-29,
-6,
12,
-45,
26,
-11,... |
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