5 Montana opinions name it 1 courts 1976–2008 0 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Gallatin Saddle & Harness Club v. Whitegreen2 sentences2008Stockman Bank of Montana v. AGSCO, Inc., 728 N.W.2d 142 (N.D. 2007). 5 Appellees acknowledge the first lien statement filed on October 29, 2002, was invalid because it did not “deseribeO the land upon which the service was performed.” Section 71-3-125(2)(1), MCA 6 Black’s Law Dictionary fully defines “agricultural lien” as follows: 7 We are also aware that “this Court follows the rule that where a specific statute conflicts with a general statute, the specific controls over the general to the extent of any inconsistency.” Gallatin Saddle & Harness Club v. White, 246 Mont. 273, 276 , 805 P.2d 1 2008Stockman Bank of Montana v. AGSCO, Inc., 728 N.W.2d 142 (N.D. 2007). 5 Appellees acknowledge the first lien statement filed on October 29, 2002, was invalid because it did not “deseribeO the land upon which the service was performed.” Section 71-3-125(2)(1), MCA 6 Black’s Law Dictionary fully defines “agricultural lien” as follows: 7 We are also aware that “this Court follows the rule that where a specific statute conflicts with a general statute, the specific controls over the general to the extent of any inconsistency.” Gallatin Saddle & Harness Club v. White, 246 Mont. 273, 276 , 805 P.2d 1 | 1 | 1 |
Joseph Eve & Co. v. Allengreen2 sentences2000See Joseph Eve & Co. v. Allen (1997), 284 Mont. 511, 514 , 945 P.2d 897, 899 (rejecting review of respondent’s cross-appeal issues where no notice of cross-appeal was filed). 2000See Joseph Eve & Co. v. Allen (1997), 284 Mont. 511, 514 , 945 P.2d 897, 899 (rejecting review of respondent’s cross-appeal issues where no notice of cross-appeal was filed). | 1 | 1 |
State Ex Rel. Browman v. Woodgreen2 sentences1990See Browman v. Wood (1975), 168 Mont. 341 , 543 P.2d 184 . 1990See Browman v. Wood (1975), 168 Mont. 341 , 543 P.2d 184 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ancient Order of Hibernians v. Sparrow
green
2 sentences1979This Court follows the rule found in Ancient Order of Hibernians v. Sparrow (1903), 29 Mont. 132, 135 , 74 P. 197 , 198: “ ‘ . . that the construction put upon statutes by the courts of the state from which they are borrowed is entitled to respectful consideration, and . . . only strong reasons will warrant a departure from it.” ’ ” The appellants contend that a “strong reason” to depart from the federal interpretation are the following sections in the 1972 Montana Constitution: “All people are born free and have certain inalienable rights. 1979This Court follows the rule found in Ancient Order of Hibernians v. Sparrow (1903), 29 Mont. 132, 135 , 74 P. 197 , 198: “ ‘ . . that the construction put upon statutes by the courts of the state from which they are borrowed is entitled to respectful consideration, and . . . only strong reasons will warrant a departure from it.” ’ ” The appellants contend that a “strong reason” to depart from the federal interpretation are the following sections in the 1972 Montana Constitution: “All people are born free and have certain inalienable rights. | 2 | 1976–1979 |
Stockman Bank of Montana v. AGSCO, INC.
green
2 sentences2008Stockman Bank of Montana v. AGSCO, Inc., 728 N.W.2d 142 (N.D. 2007). 5 Appellees acknowledge the first lien statement filed on October 29, 2002, was invalid because it did not “deseribeO the land upon which the service was performed.” Section 71-3-125(2)(1), MCA 6 Black’s Law Dictionary fully defines “agricultural lien” as follows: 7 We are also aware that “this Court follows the rule that where a specific statute conflicts with a general statute, the specific controls over the general to the extent of any inconsistency.” Gallatin Saddle & Harness Club v. White, 246 Mont. 273, 276 , 805 P.2d 1 2008However, with regard to the respective provisions governing the process of perfecting agricultural liens, we view the two statutes to be of equivalent specificity. 8 The Supreme Court of North Dakota held that the evidence led “to but one conclusion that Capital Harvest was an actual agent of AGSCO for purposes of collecting AGSCO’s account receivables and had authority to file an agricultural supplier’s lien as an agent for AGSCO.” Stockman Bank, 728 N.W.2d at 149 . | 1 | 2008–2008 |
State v. King Colony Ranch
green
2 sentences1976This Court follows the rule found in Ancient Order of Hiberians v. Sparrow, 29 Mont. 132, 135 , 74 P. 197 , 198: "`* * * that the construction put upon statutes by the courts of the state from which they are borrowed is entitled to respectful consideration, and * * * only strong reasons will warrant a departure from it.'" Again, in State v. King Colony Ranch, 137 Mont. 145, 151 , 350 P.2d 841 , 844: "The State Board of Equalization was and is warranted in following the Federal interpretation of the language which the Legislature of this state adopted from the Act of Congress." See: Cahill-Moon 1976This Court follows the rule found in Ancient Order of Hiberians v. Sparrow, 29 Mont. 132, 135 , 74 P. 197 , 198: "`* * * that the construction put upon statutes by the courts of the state from which they are borrowed is entitled to respectful consideration, and * * * only strong reasons will warrant a departure from it.'" Again, in State v. King Colony Ranch, 137 Mont. 145, 151 , 350 P.2d 841 , 844: "The State Board of Equalization was and is warranted in following the Federal interpretation of the language which the Legislature of this state adopted from the Act of Congress." See: Cahill-Moon | 1 | 1976–1976 |
CAHILL-MOONEY CONSTRUCTION COMPANY v. Ayres
neutral
2 sentences1976This Court follows the rule found in Ancient Order of Hiberians v. Sparrow, 29 Mont. 132, 135 , 74 P. 197 , 198: "`* * * that the construction put upon statutes by the courts of the state from which they are borrowed is entitled to respectful consideration, and * * * only strong reasons will warrant a departure from it.'" Again, in State v. King Colony Ranch, 137 Mont. 145, 151 , 350 P.2d 841 , 844: "The State Board of Equalization was and is warranted in following the Federal interpretation of the language which the Legislature of this state adopted from the Act of Congress." See: Cahill-Moon 1976This Court follows the rule found in Ancient Order of Hiberians v. Sparrow, 29 Mont. 132, 135 , 74 P. 197 , 198: "`* * * that the construction put upon statutes by the courts of the state from which they are borrowed is entitled to respectful consideration, and * * * only strong reasons will warrant a departure from it.'" Again, in State v. King Colony Ranch, 137 Mont. 145, 151 , 350 P.2d 841 , 844: "The State Board of Equalization was and is warranted in following the Federal interpretation of the language which the Legislature of this state adopted from the Act of Congress." See: Cahill-Moon | 1 | 1976–1976 |
Lowe v. Root
green
2 sentences1976This Court follows the rule found in Ancient Order of Hiberians v. Sparrow, 29 Mont. 132, 135 , 74 P. 197 , 198: "`* * * that the construction put upon statutes by the courts of the state from which they are borrowed is entitled to respectful consideration, and * * * only strong reasons will warrant a departure from it.'" Again, in State v. King Colony Ranch, 137 Mont. 145, 151 , 350 P.2d 841 , 844: "The State Board of Equalization was and is warranted in following the Federal interpretation of the language which the Legislature of this state adopted from the Act of Congress." See: Cahill-Moon 1976This Court follows the rule found in Ancient Order of Hiberians v. Sparrow, 29 Mont. 132, 135 , 74 P. 197 , 198: "`* * * that the construction put upon statutes by the courts of the state from which they are borrowed is entitled to respectful consideration, and * * * only strong reasons will warrant a departure from it.'" Again, in State v. King Colony Ranch, 137 Mont. 145, 151 , 350 P.2d 841 , 844: "The State Board of Equalization was and is warranted in following the Federal interpretation of the language which the Legislature of this state adopted from the Act of Congress." See: Cahill-Moon | 1 | 1976–1976 |
In Re Roberts'estate
neutral
2 sentences1976This Court follows the rule found in Ancient Order of Hiberians v. Sparrow, 29 Mont. 132, 135 , 74 P. 197 , 198: "`* * * that the construction put upon statutes by the courts of the state from which they are borrowed is entitled to respectful consideration, and * * * only strong reasons will warrant a departure from it.'" Again, in State v. King Colony Ranch, 137 Mont. 145, 151 , 350 P.2d 841 , 844: "The State Board of Equalization was and is warranted in following the Federal interpretation of the language which the Legislature of this state adopted from the Act of Congress." See: Cahill-Moon 1976This Court follows the rule found in Ancient Order of Hiberians v. Sparrow, 29 Mont. 132, 135 , 74 P. 197 , 198: "`* * * that the construction put upon statutes by the courts of the state from which they are borrowed is entitled to respectful consideration, and * * * only strong reasons will warrant a departure from it.'" Again, in State v. King Colony Ranch, 137 Mont. 145, 151 , 350 P.2d 841 , 844: "The State Board of Equalization was and is warranted in following the Federal interpretation of the language which the Legislature of this state adopted from the Act of Congress." See: Cahill-Moon | 1 | 1976–1976 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.