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19 Montana opinions name it 1 courts 1895–2020 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 |
|---|---|---|
Cole v. Flathead Countygreen2 sentences2020See also RN & DB, LLC v. Stewart, 2015 MT 327, ¶ 44 , 381 Mont. 429 , 362 P.3d 61 (“[W]e will not put a district court in error for failing to hold a summary judgment hearing if the hearing testimony would not raise any issue of material fact.”); Virginia City v. Olsen, 2002 MT 176, ¶ 16 , 310 Mont. 527 , 52 P.3d 383 (quoting Cole, 236 Mont. at 419 , 771 P.2d at 101 ) (“[W]e have recognized that ‘there may be an occasion when under the law and the facts adduced, the movant would be so clearly entitled as a matter of law to a summary judgment that a district court might by order dispense with t 2020We have recognized that there are circumstances when, under the law and facts presented, “the movant would be so clearly 5 entitled as a matter of law to summary judgment that a district court might by order dispense with the necessity of a hearing.” Cole, 263 Mont. at 419. 771 P.2d at 101 . | 2 | 6 |
RN & DB, LLC v. Stewartgreen2 sentences2020See also RN & DB, LLC v. Stewart, 2015 MT 327, ¶ 44 , 381 Mont. 429 , 362 P.3d 61 (“[W]e will not put a district court in error for failing to hold a summary judgment hearing if the hearing testimony would not raise any issue of material fact.”); Virginia City v. Olsen, 2002 MT 176, ¶ 16 , 310 Mont. 527 , 52 P.3d 383 (quoting Cole, 236 Mont. at 419 , 771 P.2d at 101 ) (“[W]e have recognized that ‘there may be an occasion when under the law and the facts adduced, the movant would be so clearly entitled as a matter of law to a summary judgment that a district court might by order dispense with t 2020See also RN & DB, LLC v. Stewart, 2015 MT 327, ¶ 44 , 381 Mont. 429 , 362 P.3d 61 (“[W]e will not put a district court in error for failing to hold a summary judgment hearing if the hearing testimony would not raise any issue of material fact.”); Virginia City v. Olsen, 2002 MT 176, ¶ 16 , 310 Mont. 527 , 52 P.3d 383 (quoting Cole, 236 Mont. at 419 , 771 P.2d at 101 ) (“[W]e have recognized that ‘there may be an occasion when under the law and the facts adduced, the movant would be so clearly entitled as a matter of law to a summary judgment that a district court might by order dispense with t | 1 | 1 |
State v. Fuhrmanngreen2 sentences2020See State v. Fuhrmann, 278 Mont. 396, 407 , 925 P.3d 1162 , 1169 (1996) (“To prevent any potential prejudicial effect on a defendant, and to uphold the integrity of both the hearsay rule and Rule 803(3)’s ‘state of mind’ exception, a trial court must instruct the jury as to the limited purpose for which it may consider this type of testimony. 2020See State v. Fuhrmann, 278 Mont. 396, 407 , 925 P.3d 1162 , 1169 (1996) (“To prevent any potential prejudicial effect on a defendant, and to uphold the integrity of both the hearsay rule and Rule 803(3)’s ‘state of mind’ exception, a trial court must instruct the jury as to the limited purpose for which it may consider this type of testimony. | 1 | 1 |
Montana Power Company v. Bokmagreen2 sentences2011Private roads may be opened in the manner prescribed by [Title 70, chapter 30, MCA], but in every case the necessity of the road and the amount of all damage to be sustained by the opening of the road must be first determined by a jury, and the amount of damages, together with the expenses of the proceeding, must be paid by the person to be benefited. [Emphasis added.] In addition, we stated in Groundwater that “[t]he question of necessity is one of fact to be determined as other questions of fact in the light of all the evidence.” Groundwater, 180 Mont. at 30 , 588 P.2d at 1004 (quoting Monta 2011Private roads may be opened in the manner prescribed by [Title 70, chapter 30, MCA], but in every case the necessity of the road and the amount of all damage to be sustained by the opening of the road must be first determined by a jury, and the amount of damages, together with the expenses of the proceeding, must be paid by the person to be benefited. [Emphasis added.] In addition, we stated in Groundwater that “[t]he question of necessity is one of fact to be determined as other questions of fact in the light of all the evidence.” Groundwater, 180 Mont. at 30 , 588 P.2d at 1004 (quoting Monta | 1 | 1 |
United States v. Baileygreen2 sentences1989Bailey, 444 U.S. at 425 , 100 S.Ct. at 642 , 62 L.Ed.2d at 600 (J. 1989Bailey, 444 U.S. at 425 , 100 S.Ct. at 642 , 62 L.Ed.2d at 600 (J. | 1 | 1 |
Vetsch v. Helena Transfer & Storage Co.green2 sentences1985See also Vetsch v. Helena Transport and Storage Co. (1969), 154 Mont. 106 , 460 P.2d 757 , (payment of medical bills does not dispense with the necessity of a claim for compensation by an injured worker). 1985See also Vetsch v. Helena Transport and Storage Co. (1969), 154 Mont. 106 , 460 P.2d 757 , (payment of medical bills does not dispense with the necessity of a claim for compensation by an injured worker). | 1 | 1 |
Dewey Lumber Co. v. McQuirkgreen2 sentences1974See also Dewey Lumber Co. v. McQuirk, 96 Mont. 294 , 30 P.2d 475 . 1974See also Dewey Lumber Co. v. McQuirk, 96 Mont. 294 , 30 P.2d 475 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Virginia City v. Olsen
green
2 sentences2020See also RN & DB, LLC v. Stewart, 2015 MT 327, ¶ 44 , 381 Mont. 429 , 362 P.3d 61 (“[W]e will not put a district court in error for failing to hold a summary judgment hearing if the hearing testimony would not raise any issue of material fact.”); Virginia City v. Olsen, 2002 MT 176, ¶ 16 , 310 Mont. 527 , 52 P.3d 383 (quoting Cole, 236 Mont. at 419 , 771 P.2d at 101 ) (“[W]e have recognized that ‘there may be an occasion when under the law and the facts adduced, the movant would be so clearly entitled as a matter of law to a summary judgment that a district court might by order dispense with t 2020See also RN & DB, LLC v. Stewart, 2015 MT 327, ¶ 44 , 381 Mont. 429 , 362 P.3d 61 (“[W]e will not put a district court in error for failing to hold a summary judgment hearing if the hearing testimony would not raise any issue of material fact.”); Virginia City v. Olsen, 2002 MT 176, ¶ 16 , 310 Mont. 527 , 52 P.3d 383 (quoting Cole, 236 Mont. at 419 , 771 P.2d at 101 ) (“[W]e have recognized that ‘there may be an occasion when under the law and the facts adduced, the movant would be so clearly entitled as a matter of law to a summary judgment that a district court might by order dispense with t | 1 | 2020–2020 |
Groundwater v. Wright
neutral
2 sentences2011Private roads may be opened in the manner prescribed by [Title 70, chapter 30, MCA], but in every case the necessity of the road and the amount of all damage to be sustained by the opening of the road must be first determined by a jury, and the amount of damages, together with the expenses of the proceeding, must be paid by the person to be benefited. [Emphasis added.] In addition, we stated in Groundwater that “[t]he question of necessity is one of fact to be determined as other questions of fact in the light of all the evidence.” Groundwater, 180 Mont. at 30 , 588 P.2d at 1004 (quoting Monta 2011Private roads may be opened in the manner prescribed by [Title 70, chapter 30, MCA], but in every case the necessity of the road and the amount of all damage to be sustained by the opening of the road must be first determined by a jury, and the amount of damages, together with the expenses of the proceeding, must be paid by the person to be benefited. [Emphasis added.] In addition, we stated in Groundwater that “[t]he question of necessity is one of fact to be determined as other questions of fact in the light of all the evidence.” Groundwater, 180 Mont. at 30 , 588 P.2d at 1004 (quoting Monta | 1 | 2011–2011 |
State v. Shotton
green
1 sentence2001Shotton, 458 A.2d at 1106 . ¶16 While Shotton involved driving under the influence of alcohol, the circumstances were much different from the ones before us. | 1 | 2001–2001 |
Hulsey v. Mid-America Preferred Insurance Co.
green
1 sentence1997This Court held that “’[t]he legal effect of any court-filed paper — be it a motion, a pleading or some other instrument — is to be measured by its content rather than by the author-provided title.’” Finley, 915 P.2d at 218 (quoting Hulsey v. Mid-America Preferred Insurance Co. (Okla. 1989), 777 P.2d 932 , 936 n.14). | 1 | 1997–1997 |
State v. Finley
red
1 sentence1997This Court held that “’[t]he legal effect of any court-filed paper — be it a motion, a pleading or some other instrument — is to be measured by its content rather than by the author-provided title.’” Finley, 915 P.2d at 218 (quoting Hulsey v. Mid-America Preferred Insurance Co. (Okla. 1989), 777 P.2d 932 , 936 n.14). | 1 | 1997–1997 |
State v. Ottwell
green
2 sentences1994In State v. Ottwell (1989), 240 Mont. 376 , 784 P.2d 402 , we recognized the common law defense of necessity and characterized it as follows: The necessity defense has also been characterized by situations in which the defendant faced a choice between two evils. 1994In State v. Ottwell (1989), 240 Mont. 376 , 784 P.2d 402 , we recognized the common law defense of necessity and characterized it as follows: The necessity defense has also been characterized by situations in which the defendant faced a choice between two evils. | 1 | 1994–1994 |
People v. Lovercamp
green
2 sentences1989Instead, we have relied on a more appropriate version of the necessity doctrine derived from the California case of People v. Lovercamp (1974), 43 Cal.App.3d 823 , 118 CaL.Rep. 110. 1989Instead, we have relied on a more appropriate version of the necessity doctrine derived from the California case of People v. Lovercamp (1974), 43 Cal. App.3d 823 , 118 Cal. Rptr. 110 . | 1 | 1989–1989 |
State v. Ostwald
green
2 sentences1980We have consistently held that such an instruction is required where there is some evidence to support the lesser offense. “[A] defendant is entitled to instructions on lesser included offenses if any evidence exists in the record which would permit the jury to rationally find him guilty of a lesser offense and acquit him of a greater.” State v. Ostwald (1979), 180 Mont. 530 , 591 P.2d 646, 651 . 1980We have consistently held that such an instruction is required where there is some evidence to support the lesser offense. “[A] defendant is entitled to instructions on lesser included offenses if any evidence exists in the record which would permit the jury to rationally find him guilty of a lesser offense and acquit him of a greater.” State v. Ostwald (1979), 180 Mont. 530 , 591 P.2d 646, 651 . | 1 | 1980–1980 |
Terry v. Ohio
green
2 sentences1979The United States Supreme Court discussed the necessity for this privilege in the landmark “stop and frisk” case, Terry v. Ohio (1967), 392 U.§. 1, 23, 88 S.Ct. 1868 , 20 L.Ed.2d 889 . 1979The United States Supreme Court discussed the necessity for this privilege in the landmark “stop and frisk” case, Terry v. Ohio (1967), 392 U.§. 1, 23, 88 S.Ct. 1868 , 20 L.Ed.2d 889 . | 1 | 1979–1979 |
State Ex Rel. Delmoe v. District Court
neutral
2 sentences1949Delmoe v. District Court, 100 Mont. 131 , 46 Pac. (2d) 39 and in Haupt v. Simington, 27 Mont. 480 , 71 Pac. 672 , 94 Am. 1949Delmoe v. District Court, 100 Mont. 131 , 46 Pac. (2d) 39 and in Haupt v. Simington, 27 Mont. 480 , 71 Pac. 672 , 94 Am. | 1 | 1949–1949 |
Haupt v. Simington
neutral
2 sentences1949Delmoe v. District Court, 100 Mont. 131 , 46 Pac. (2d) 39 and in Haupt v. Simington, 27 Mont. 480 , 71 Pac. 672 , 94 Am. 1949Delmoe v. District Court, 100 Mont. 131 , 46 Pac. (2d) 39 and in Haupt v. Simington, 27 Mont. 480 , 71 Pac. 672 , 94 Am. | 1 | 1949–1949 |
State ex rel. Stiefel v. District Court
neutral
2 sentences1936Stiefel v. District Court, 37 Mont. 298 , 96 Pac. 337, 340 .) In the Stiefel Case this court made the declaration, applicable here, that “this case strikingly illustrates the necessity for the rule we are adopting. 1936Stiefel v. District Court, 37 Mont. 298 , 96 Pac. 337, 340 .) In the Stiefel Case this court made the declaration, applicable here, that “this case strikingly illustrates the necessity for the rule we are adopting. | 1 | 1936–1936 |
Peoria, Pekin & Jacksonville R. R. v. Peoria & Springfield R. R.
neutral
1 sentence1895Co., 66 Ill. 174 .) We find the federal court for the district of Colorado taking substantially the same view of the necessity rule as the Alabama court did. | 1 | 1895–1895 |
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.