20 Montana opinions name it 1 courts 1935–2024 2 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 |
|---|---|---|
Day v. Paynegreen2 sentences2016Furthermore, it is unfair to allow a party to choose to remain silent in the trial court in the face of error, taking a chance on a favorable outcome, and subsequently assert error on appeal if the outcome in the trial court is unfavorable. 3 Payne, 280 Mont. at 276-77 , 929 P.2d at 866 . 2016Furthermore, it is unfair to allow a party to choose to remain silent in the trial court in the face of error, taking a chance on a favorable outcome, and subsequently assert error on appeal if the outcome in the trial court is unfavorable. 3 Payne, 280 Mont. at 276-77 , 929 P.2d at 866 . | 4 | 6 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. MacKinnon
green
2 sentences2009State v. MacKinnon, 1998 MT 78, ¶ 15 , 288 Mont. 329 , 957 P.2d 23 . ¶38 The face of the hearing record demonstrates that the mother’s trial attorney provided her with vigorous and competent representation. 2009State v. MacKinnon, 1998 MT 78, ¶ 15 , 288 Mont. 329 , 957 P.2d 23 . ¶38 The face of the hearing record demonstrates that the mother’s trial attorney provided her with vigorous and competent representation. | 4 | 2009–2009 |
Davis v. Melzner
neutral
2 sentences1935Codes 1921), in the absence of an affirmative showing on the face of a claim that it is illegal. ( In re Williams' Estate , 47 Mont. 325 , 132 P. 421 ; In re McLure's Estate , 90 Mont. 502 , 3 P.2d 1056 .) This rule applies to the confirmation of the sales made and reported, but the representative cannot discharge himself by showing that his disregard of the court's order was disclosed in his report of sale which was confirmed ( In re Rinio's Estate , 93 Mont. 428 , 19 P.2d 322 ), and the rule cannot be held to foreclose objections to the sale made to Jurgens which was, in reality, not reporte 1935Codes 1921), in the absence of an affirmative showing on the face of a claim that it is illegal. ( In re Williams' Estate , 47 Mont. 325 , 132 P. 421 ; In re McLure's Estate , 90 Mont. 502 , 3 P.2d 1056 .) This rule applies to the confirmation of the sales made and reported, but the representative cannot discharge himself by showing that his disregard of the court's order was disclosed in his report of sale which was confirmed ( In re Rinio's Estate , 93 Mont. 428 , 19 P.2d 322 ), and the rule cannot be held to foreclose objections to the sale made to Jurgens which was, in reality, not reporte | 2 | 1935–1935 |
In Re McLure's Estate
neutral
2 sentences1935Codes 1921), in the absence of an affirmative showing on the face of a claim that it is illegal. ( In re Williams' Estate , 47 Mont. 325 , 132 P. 421 ; In re McLure's Estate , 90 Mont. 502 , 3 P.2d 1056 .) This rule applies to the confirmation of the sales made and reported, but the representative cannot discharge himself by showing that his disregard of the court's order was disclosed in his report of sale which was confirmed ( In re Rinio's Estate , 93 Mont. 428 , 19 P.2d 322 ), and the rule cannot be held to foreclose objections to the sale made to Jurgens which was, in reality, not reporte 1935Codes 1921), in the absence of an affirmative showing on the face of a claim that it is illegal. ( In re Williams' Estate , 47 Mont. 325 , 132 P. 421 ; In re McLure's Estate , 90 Mont. 502 , 3 P.2d 1056 .) This rule applies to the confirmation of the sales made and reported, but the representative cannot discharge himself by showing that his disregard of the court's order was disclosed in his report of sale which was confirmed ( In re Rinio's Estate , 93 Mont. 428 , 19 P.2d 322 ), and the rule cannot be held to foreclose objections to the sale made to Jurgens which was, in reality, not reporte | 2 | 1935–1935 |
In Re Rinio's Estate
green
2 sentences1935Codes 1921), in the absence of an affirmative showing on the face of a claim that it is illegal. ( In re Williams' Estate , 47 Mont. 325 , 132 P. 421 ; In re McLure's Estate , 90 Mont. 502 , 3 P.2d 1056 .) This rule applies to the confirmation of the sales made and reported, but the representative cannot discharge himself by showing that his disregard of the court's order was disclosed in his report of sale which was confirmed ( In re Rinio's Estate , 93 Mont. 428 , 19 P.2d 322 ), and the rule cannot be held to foreclose objections to the sale made to Jurgens which was, in reality, not reporte 1935Codes 1921), in the absence of an affirmative showing on the face of a claim that it is illegal. ( In re Williams' Estate , 47 Mont. 325 , 132 P. 421 ; In re McLure's Estate , 90 Mont. 502 , 3 P.2d 1056 .) This rule applies to the confirmation of the sales made and reported, but the representative cannot discharge himself by showing that his disregard of the court's order was disclosed in his report of sale which was confirmed ( In re Rinio's Estate , 93 Mont. 428 , 19 P.2d 322 ), and the rule cannot be held to foreclose objections to the sale made to Jurgens which was, in reality, not reporte | 2 | 1935–1935 |
In Re the Marriage of Crowley
green
2 sentences2024Dirk cites In re Marriage of Crowley, 2014 MT 42, ¶ 26 , 374 Mont. 48 , 318 P.3d 1031 , for the proposition that “[f]indings must be sufficient . . . to permit review without speculation into a district court’s reasoning.” Dirk’s reliance on Marriage of Crowley is misplaced. 2024Dirk cites In re Marriage of Crowley, 2014 MT 42, ¶ 26 , 374 Mont. 48 , 318 P.3d 1031 , for the proposition that “[f]indings must be sufficient . . . to permit review without speculation into a district court’s reasoning.” Dirk’s reliance on Marriage of Crowley is misplaced. | 1 | 2024–2024 |
Beehive Homes v. Harding
green
2 sentences2009In SVKV, L.L.C. v. Harding, 2006 MT 297, ¶ 14 , 334 Mont. 395 , 148 P.3d 584 , the district court issued a scheduling order after a scheduling conference in which the district court stated: [w]hen any motion has been fully briefed, oral argument if requested by any party has been held and the motion is submitted for decision, one of the parties must so advise the Court by filing and serving a “Notice of SubmittalUntil such notice has been filed and served, the motion will not be deemed submitted for decision. 2009In SVKV, L.L.C. v. Harding, 2006 MT 297, ¶ 14 , 334 Mont. 395 , 148 P.3d 584 , the district court issued a scheduling order after a scheduling conference in which the district court stated: [w]hen any motion has been fully briefed, oral argument if requested by any party has been held and the motion is submitted for decision, one of the parties must so advise the Court by filing and serving a “Notice of SubmittalUntil such notice has been filed and served, the motion will not be deemed submitted for decision. | 1 | 2009–2009 |
Warnack v. Coneen Family Trust
green
2 sentences2002Swandal Ranch Co. v. Hunt (1996), 276 Mont. 229, 236 , 915 P.2d 840, 844-45 ; Warnack, 278 Mont. at 83-84 , 923 P.2d at 1089-90 ; Rafanelli, 278 Mont. at 33 , 924 P.2d at 246 . ¶52 Dr. Hastetter was not available to explain to the court the reasons for the extensive changes he made to his deposition testimony. 2002Swandal Ranch Co. v. Hunt (1996), 276 Mont. 229, 236 , 915 P.2d 840, 844-45 ; Warnack, 278 Mont. at 83-84 , 923 P.2d at 1089-90 ; Rafanelli, 278 Mont. at 33 , 924 P.2d at 246 . ¶52 Dr. Hastetter was not available to explain to the court the reasons for the extensive changes he made to his deposition testimony. | 1 | 2002–2002 |
Rafanelli v. Dale
green
2 sentences2002Swandal Ranch Co. v. Hunt (1996), 276 Mont. 229, 236 , 915 P.2d 840, 844-45 ; Warnack, 278 Mont. at 83-84 , 923 P.2d at 1089-90 ; Rafanelli, 278 Mont. at 33 , 924 P.2d at 246 . ¶52 Dr. Hastetter was not available to explain to the court the reasons for the extensive changes he made to his deposition testimony. 2002Swandal Ranch Co. v. Hunt (1996), 276 Mont. 229, 236 , 915 P.2d 840, 844-45 ; Warnack, 278 Mont. at 83-84 , 923 P.2d at 1089-90 ; Rafanelli, 278 Mont. at 33 , 924 P.2d at 246 . ¶52 Dr. Hastetter was not available to explain to the court the reasons for the extensive changes he made to his deposition testimony. | 1 | 2002–2002 |
Swandal Ranch Co. v. Hunt
green
2 sentences2002Swandal Ranch Co. v. Hunt (1996), 276 Mont. 229, 236 , 915 P.2d 840, 844-45 ; Warnack, 278 Mont. at 83-84 , 923 P.2d at 1089-90 ; Rafanelli, 278 Mont. at 33 , 924 P.2d at 246 . ¶52 Dr. Hastetter was not available to explain to the court the reasons for the extensive changes he made to his deposition testimony. 2002Swandal Ranch Co. v. Hunt (1996), 276 Mont. 229, 236 , 915 P.2d 840, 844-45 ; Warnack, 278 Mont. at 83-84 , 923 P.2d at 1089-90 ; Rafanelli, 278 Mont. at 33 , 924 P.2d at 246 . ¶52 Dr. Hastetter was not available to explain to the court the reasons for the extensive changes he made to his deposition testimony. | 1 | 2002–2002 |
Runkle v. Burlington Northern
green
2 sentences2000In the face of that defense, the jury was denied evidence that following this accident, the City trimmed the tree which partially blocked the stop sign, moved the location of the stop sign pole closer to the street, eventually mounted the sign on an arm extending from the pole to get it even closer to the street, gave advance warning of the stop sign several hundred feet prior to its location, and placed a yellow double-arrow sign at the end of the street. 3. ¶Rule 407, M.R.Evid. provides that subsequent remedial measures, while generally not admissible, are admissible when offered for the pur 2000In the face of that defense, the jury was denied evidence that following this accident, the City trimmed the tree which partially blocked the stop sign, moved the location of the stop sign pole closer to the street, eventually mounted the sign on an arm extending from the pole to get it even closer to the street, gave advance warning of the stop sign several hundred feet prior to its location, and placed a yellow double-arrow sign at the end of the street. 3. ¶Rule 407, M.R.Evid. provides that subsequent remedial measures, while generally not admissible, are admissible when offered for the pur | 1 | 2000–2000 |
Wiley v. City of Glendive
green
2 sentences2000Wiley, 272 Mont. at 216 , 900 P.2d at 312 . 2000Wiley, 272 Mont. at 216 , 900 P.2d at 312 . | 1 | 2000–2000 |
Eastin v. Broomfield
green
1 sentence1981Eastin, supra, 570 P.2d at 750 ; Johnson, supra, 404 N.E.2d at 597-598 ; Prendergast, supra, 256 N.W.2d at 666-667 . | 1 | 1981–1981 |
Johnson v. St. Vincent Hospital, Inc.
green
2 sentences1981Eastin, supra, 570 P.2d at 750 ; Johnson, supra, 404 N.E.2d at 597-598 ; Prendergast, supra, 256 N.W.2d at 666-667 . 1981Eastin, supra, 570 P.2d at 750 ; Johnson, supra, 404 N.E.2d at 597-598 ; Prendergast, supra, 256 N.W.2d at 666-667 . | 1 | 1981–1981 |
Prendergast v. Nelson
green
1 sentence1981Eastin, supra, 570 P.2d at 750 ; Johnson, supra, 404 N.E.2d at 597-598 ; Prendergast, supra, 256 N.W.2d at 666-667 . | 1 | 1981–1981 |
Petition of Meidinger
green
2 sentences1980State v. Lane (1977), 175 Mont. 225 , 573 P.2d 198 , 34 St.Rep. 1588 ; Petition of Meidinger (1975), 168 Mont. 7 , 539 P.2d 1185 . 1980State v. Lane (1977), 175 Mont. 225 , 573 P.2d 198 , 34 St.Rep. 1588 ; Petition of Meidinger (1975), 168 Mont. 7 , 539 P.2d 1185 . | 1 | 1980–1980 |
State v. Lane
green
2 sentences1980State v. Lane (1977), 175 Mont. 225 , 573 P.2d 198 , 34 St.Rep. 1588 ; Petition of Meidinger (1975), 168 Mont. 7 , 539 P.2d 1185 . 1980State v. Lane (1977), 175 Mont. 225 , 573 P.2d 198 , 34 St.Rep. 1588 ; Petition of Meidinger (1975), 168 Mont. 7 , 539 P.2d 1185 . | 1 | 1980–1980 |
In re Rural Credits Law
green
1 sentence1935In Hawaiian Pineapple Co. v. Broivne, supra, this court, in allowing the pineapple concern’s claim as a preferred claim, directed that it could collect only a part of the face of its claim, for the reason that there were not sufficient trust funds in the defunct bank to pay the preferred claim in full, but said, “As to the remainder of its claim it is a general creditor.” This view is supported in Slimmer & Thomas v. Meade County Bank, 39 S. D. 8, 162 N. W. 536 , and other eases, and we think that such conclusion cannot be reasonably questioned. | 1 | 1935–1935 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.