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11 Montana opinions name it 1 courts 1934–2016 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 |
|---|---|---|
Skauge v. Mountain States Telephone & Telegraph Co.green2 sentences2016Co., 172 Mont. 521, 526 , 565 P.2d 628, 630 (1977) (“the person substituted will succeed to the rights of the creditor in relation to the debt or claim.”). 2016Co., 172 Mont. 521, 526 , 565 P.2d 628, 630 (1977) (“the person substituted will succeed to the rights of the creditor in relation to the debt or claim.”). | 2 | 6 |
Thomas v. Stategreen1 sentence2000Skauge, 172 Mont. at 526 , 566 P.2d at 630-31. ¶92 We held that the doctrine of legal subrogation is equitable in nature and exists for the purpose of serving the ends of justice: [WJhen the insured has sustained a loss in excess of the reimbursement by the insurer, the insured is entitled to be made whole for his entire loss and any costs of recovery, including attorney’s fees, before the insurer can assert its right of legal subrogation against the insured or the tortfeasor. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Youngblood v. American States Insurance
green
2 sentences2009In the insurance context, it occurs “so that the [insurer] will succeed to the rights of the [insured] in relation to the debt or claim ....” Youngblood, 262 Mont. at 395 , 866 P.2d at 205 . 2009In the insurance context, it occurs “so that the [insurer] will succeed to the rights of the [insured] in relation to the debt or claim ....” Youngblood, 262 Mont. at 395 , 866 P.2d at 205 . | 4 | 1994–2009 |
McDonald v. Grassle
green
1 sentence1993McDonald, 740 P.2d at 1125 . | 1 | 1993–1993 |
Love Bros. v. Mardis
neutral
1 sentence1934(Love Bros. v. Mardis, 189 Iowa, 350 , 176 N. W. 616 ; Lane v. Lane Potter Lumber Co., above.) The lien so secured is said to be “the ligament which binds certain property to a certain debt or claim for its payment or satisfaction.” (United States Blowpipe Co. v. Spencer, 40 W. | 1 | 1934–1934 |
Soliri v. Fasso
green
2 sentences1934Va. 698 , 21 S. E. 769, 771 .) The proceeding to foreclose such a lien is in the nature of an action in rem: a suit against the property liened upon, rather than against the defendant personally (Lloyd on Building & Buildings, 458), brought on the equitable side of the court (Simonton v. Kelly, 1 Mont. 483 ; Soliri v. Fasso, 56 Mont. 400 , 185 Pac. 322 ), controlled by the general spirit of equity (Schultz v. Teichman Engineering & Construction Co., 79 Misc. 357 , 140 N. Y. 1934Va. 698 , 21 S. E. 769, 771 .) The proceeding to foreclose such a lien is in the nature of an action in rem: a suit against the property liened upon, rather than against the defendant personally (Lloyd on Building & Buildings, 458), brought on the equitable side of the court (Simonton v. Kelly, 1 Mont. 483 ; Soliri v. Fasso, 56 Mont. 400 , 185 Pac. 322 ), controlled by the general spirit of equity (Schultz v. Teichman Engineering & Construction Co., 79 Misc. 357 , 140 N. Y. | 1 | 1934–1934 |
Schultz v. Teichman Engineering & Construction Co.
neutral
2 sentences1934Va. 698 , 21 S. E. 769, 771 .) The proceeding to foreclose such a lien is in the nature of an action in rem: a suit against the property liened upon, rather than against the defendant personally (Lloyd on Building & Buildings, 458), brought on the equitable side of the court (Simonton v. Kelly, 1 Mont. 483 ; Soliri v. Fasso, 56 Mont. 400 , 185 Pac. 322 ), controlled by the general spirit of equity (Schultz v. Teichman Engineering & Construction Co., 79 Misc. 357 , 140 N. Y. 1934Va. 698 , 21 S. E. 769, 771 .) The proceeding to foreclose such a lien is in the nature of an action in rem: a suit against the property liened upon, rather than against the defendant personally (Lloyd on Building & Buildings, 458), brought on the equitable side of the court (Simonton v. Kelly, 1 Mont. 483 ; Soliri v. Fasso, 56 Mont. 400 , 185 Pac. 322 ), controlled by the general spirit of equity (Schultz v. Teichman Engineering & Construction Co., 79 Misc. 357 , 140 N. Y. | 1 | 1934–1934 |
United States Blowpipe Co. v. Spencer
green
2 sentences1934Va. 698 , 21 S. E. 769, 771 .) The proceeding to foreclose such a lien is in the nature of an action in rem: a suit against the property liened upon, rather than against the defendant personally (Lloyd on Building & Buildings, 458), brought on the equitable side of the court (Simonton v. Kelly, 1 Mont. 483 ; Soliri v. Fasso, 56 Mont. 400 , 185 Pac. 322 ), controlled by the general spirit of equity (Schultz v. Teichman Engineering & Construction Co., 79 Misc. 357 , 140 N. Y. 1934(Love Bros. v. Mardis, 189 Iowa, 350 , 176 N. W. 616 ; Lane v. Lane Potter Lumber Co., above.) The lien so secured is said to be “the ligament which binds certain property to a certain debt or claim for its payment or satisfaction.” (United States Blowpipe Co. v. Spencer, 40 W. | 1 | 1934–1934 |
Simonton v. Kelly
neutral
1 sentence1934Va. 698 , 21 S. E. 769, 771 .) The proceeding to foreclose such a lien is in the nature of an action in rem: a suit against the property liened upon, rather than against the defendant personally (Lloyd on Building & Buildings, 458), brought on the equitable side of the court (Simonton v. Kelly, 1 Mont. 483 ; Soliri v. Fasso, 56 Mont. 400 , 185 Pac. 322 ), controlled by the general spirit of equity (Schultz v. Teichman Engineering & Construction Co., 79 Misc. 357 , 140 N. Y. | 1 | 1934–1934 |
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.