Reports of Cases Argued and Determined in the Supreme Court of the State of Montana ..., 32±Ç

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Bancroft-Whitney Company, 1905

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287 ÆäÀÌÁö - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
287 ÆäÀÌÁö - ... second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
414 ÆäÀÌÁö - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment ; and a failure to do so shall be a waiver of his adverse claim.
112 ÆäÀÌÁö - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
100 ÆäÀÌÁö - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, Ls the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not...
159 ÆäÀÌÁö - At the trial the parties stipulated as follows : "It is hereby stipulated and agreed by and between the parties hereto...
30 ÆäÀÌÁö - Except as otherwise provided in the next section every person transacting business in this state under a fictitious name and every partnership transacting business in this state under a fictitious name, or a designation not showing the names, of the persons interested as partners...
94 ÆäÀÌÁö - A copy of the judgment, signed by the clerk, shall be transmitted to the inferior tribunal, board, or officer having the custody of the record or proceeding certified up. SBC. 465. A copy of the judgment, signed by the clerk, entered upon, or attached to, the writ and return, shall constitute the judgment roll.
392 ÆäÀÌÁö - Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor from paying the debt.
523 ÆäÀÌÁö - Under the view already stated as to the sufficiency of the complaint to state a cause of action for an accounting, this was error.

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