12 Montana opinions name it 1 courts 1924–2008 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 |
|---|---|---|
Phares v. Nuttergreen2 sentences1998See, e.g., Phares v. Nutter (Ariz. 1980), 609 P.2d 561 . 1998See, e.g., Phares v. Nutter (Ariz. 1980), 609 P.2d 561 . | 2 | 2 |
Timis v. Younggreen2 sentences2008Timis v. Young, 2001 MT 63, ¶ 8 , 305 Mont. 18, ¶ 8 , 22 P.3d 1122, ¶ 8 . ¶48 Issue Five: Did the District Court err by refusing to accord preclusive effect to the rulings from the North Dakota courts under the Full Faith and Credit clause to the United States Constitution? ¶49 Nodak argues the Full Faith and Credit Clause, U.S. Const, art. 2008Timis v. Young, 2001 MT 63, ¶ 8 , 305 Mont. 18, ¶ 8 , 22 P.3d 1122, ¶ 8 . ¶48 Issue Five: Did the District Court err by refusing to accord preclusive effect to the rulings from the North Dakota courts under the Full Faith and Credit clause to the United States Constitution? ¶49 Nodak argues the Full Faith and Credit Clause, U.S. Const, art. | 1 | 1 |
Underwriters National Assurance Co. v. North Carolina Life & Accident & Health Insurance Guaranty Ass'ngreen2 sentences2006Co., 455 U.S. at 704 , 102 S.Ct. at 1365 , 71 L.Ed.2d at 570 (citations omitted). ¶29 While there are defenses to the application of the full faith and credit doctrine, none of those are articulated here. 2006Co., 455 U.S. at 704 , 102 S.Ct. at 1365 , 71 L.Ed.2d at 570 (citations omitted). ¶29 While there are defenses to the application of the full faith and credit doctrine, none of those are articulated here. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Barber v. Barber Ex Rel. Cronkhite
green
2 sentences1960This court has considered the Sistare case in Espeland v. Espeland, 111 Mont. 365 , at pages 375, 376, 109 P.2d 792, 797 , where it was said: “Plaintiff relies on the case of Sistare v. Sistare, 218 U.S. 1 , 30 S.Ct. 682, 686 , 54 L.Ed. 905 , where the rule is stated thus: ‘First, that, generally speaking, where a decree is rendered for alimony and is made payable in future installments, the right to such installments becomes absolute and vested upon becoming due, and is therefore protected by the full faith and credit clause, provided no modification of the decree has been made prior to the m 1960This court has considered the Sistare case in Espeland v. Espeland, 111 Mont. 365 , at pages 375, 376, 109 P.2d 792, 797 , where it was said: “Plaintiff relies on the case of Sistare v. Sistare, 218 U.S. 1 , 30 S.Ct. 682, 686 , 54 L.Ed. 905 , where the rule is stated thus: ‘First, that, generally speaking, where a decree is rendered for alimony and is made payable in future installments, the right to such installments becomes absolute and vested upon becoming due, and is therefore protected by the full faith and credit clause, provided no modification of the decree has been made prior to the m | 2 | 1941–1960 |
Ruef v. District Court of the Twelfth Judicial District
neutral
2 sentences1925Cas. 418, 6 L.R.A. (n.s.) 617, 85 P. 866 ), but it is equally well settled that neither the full faith and credit clause of the Constitution (sec. 1, Art. 1925A. (n. s.) 617, 85 Pac. 866 ), but it is equally well settled that neither the full faith and credit clause of the Constitution (sec. 1, Art. | 2 | 1925–1925 |
Thoring v. LaCounte
green
2 sentences2008Ultimately, we held that the “extraterritorial effect of the North Dakota Dram Shop Act... was decided on the merits,” and under the full faith and credit clause and § 26-3-203, MCA, relitigation [was] barred under the doctrine of res judicata.” Thoring, 225 Mont. at 81 , 733 P.2d at 343 . 2008Ultimately, we held that the “extraterritorial effect of the North Dakota Dram Shop Act... was decided on the merits,” and under the full faith and credit clause and § 26-3-203, MCA, relitigation [was] barred under the doctrine of res judicata.” Thoring, 225 Mont. at 81 , 733 P.2d at 343 . | 1 | 2008–2008 |
Timis v. Young
green
2 sentences2008Timis v. Young, 2001 MT 63, ¶ 8 , 305 Mont. 18, ¶ 8, 22 P.3d 1122, ¶ 8 . ¶48 Issue Five: Did the District Court err by refusing to accord preclusive effect to the rulings from the North Dakota courts under the Full Faith and Credit clause to the United States Constitution? ¶49 Nodak argues the Full Faith and Credit Clause, U.S. Const. art. 2008Timis v. Young, 2001 MT 63, ¶ 8 , 305 Mont. 18, ¶ 8 , 22 P.3d 1122, ¶ 8 . ¶48 Issue Five: Did the District Court err by refusing to accord preclusive effect to the rulings from the North Dakota courts under the Full Faith and Credit clause to the United States Constitution? ¶49 Nodak argues the Full Faith and Credit Clause, U.S. Const, art. | 1 | 2008–2008 |
Kane v. Kane
green
1 sentence1984This Court found that although the full faith and credit clause did not prohibit the Montana court from exercising jurisdiction, the trial *474 court properly declined to exercise jurisdiction as a matter of comity, which was characterized as a voluntary recognition of the proceedings of a sister state. 646 P.2d at 507 , 39 St.Rep. at 1038. | 1 | 1984–1984 |
In Re Anderson's Estate
green
2 sentences1984U “Unless the public policy of the state would prevent the recognition of the decree or such recognition would be injurious to the best interests of the state we must recognize the force and effect of the decrees of our sister states and enforce them in the same manner that they enforce the decrees of courts of our state.” In Re Anderson’s Estate (1948), 121 Mont. 515, 524-25 , 194 P.2d 621, 625-26 . 1984U “Unless the public policy of the state would prevent the recognition of the decree or such recognition would be injurious to the best interests of the state we must recognize the force and effect of the decrees of our sister states and enforce them in the same manner that they enforce the decrees of courts of our state.” In Re Anderson’s Estate (1948), 121 Mont. 515, 524-25 , 194 P.2d 621, 625-26 . | 1 | 1984–1984 |
Sistare v. Sistare
green
2 sentences1960This court has considered the Sistare case in Espeland v. Espeland, 111 Mont. 365 , at pages 375, 376, 109 P.2d 792, 797 , where it was said: “Plaintiff relies on the case of Sistare v. Sistare, 218 U.S. 1 , 30 S.Ct. 682, 686 , 54 L.Ed. 905 , where the rule is stated thus: ‘First, that, generally speaking, where a decree is rendered for alimony and is made payable in future installments, the right to such installments becomes absolute and vested upon becoming due, and is therefore protected by the full faith and credit clause, provided no modification of the decree has been made prior to the m 1960This court has considered the Sistare case in Espeland v. Espeland, 111 Mont. 365 , at pages 375, 376, 109 P.2d 792, 797 , where it was said: “Plaintiff relies on the case of Sistare v. Sistare, 218 U.S. 1 , 30 S.Ct. 682, 686 , 54 L.Ed. 905 , where the rule is stated thus: ‘First, that, generally speaking, where a decree is rendered for alimony and is made payable in future installments, the right to such installments becomes absolute and vested upon becoming due, and is therefore protected by the full faith and credit clause, provided no modification of the decree has been made prior to the m | 1 | 1960–1960 |
Espeland v. Espeland
neutral
2 sentences1960This court has considered the Sistare case in Espeland v. Espeland, 111 Mont. 365 , at pages 375, 376, 109 P.2d 792, 797 , where it was said: “Plaintiff relies on the case of Sistare v. Sistare, 218 U.S. 1 , 30 S.Ct. 682, 686 , 54 L.Ed. 905 , where the rule is stated thus: ‘First, that, generally speaking, where a decree is rendered for alimony and is made payable in future installments, the right to such installments becomes absolute and vested upon becoming due, and is therefore protected by the full faith and credit clause, provided no modification of the decree has been made prior to the m 1960This court has considered the Sistare case in Espeland v. Espeland, 111 Mont. 365 , at pages 375, 376, 109 P.2d 792, 797 , where it was said: “Plaintiff relies on the case of Sistare v. Sistare, 218 U.S. 1 , 30 S.Ct. 682, 686 , 54 L.Ed. 905 , where the rule is stated thus: ‘First, that, generally speaking, where a decree is rendered for alimony and is made payable in future installments, the right to such installments becomes absolute and vested upon becoming due, and is therefore protected by the full faith and credit clause, provided no modification of the decree has been made prior to the m | 1 | 1960–1960 |
Bank of Augusta v. Earle
green
2 sentences1948Since the decision of the Supreme Court of the United States in Bank of Augusta v. Earle, 13 Pet. 519 , 10 L. 1948Since the decision of the Supreme Court of the United States in Bank of Augusta v. Earle, 13 Pet. 519 , 10 L. | 1 | 1948–1948 |
Finney v. Guy
green
2 sentences1924The receiver’s right to maintain the actions in that court was denied in the belief that it turned upon a question of comity only, unaffected by the full faith and credit clause of the Constitution of the United States, and this view of it was. regarded as sustained by the decision of this court in Finney v. Guy, 189 U. S. 335 , 47 L. 1924The receiver’s right to maintain the actions in that court was denied in the belief that it turned upon a question of comity only, unaffected by the full faith and credit clause of the Constitution of the United States, and this view of it was. regarded as sustained by the decision of this court in Finney v. Guy, 189 U. S. 335 , 47 L. | 1 | 1924–1924 |
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.