10 Montana opinions name it 1 courts 1922–2016 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 |
|---|---|---|
Marriage of Schwartz and Harrisgreen2 sentences2015See Schwartz v. Harris, 2013 MT 145, ¶ 18 , 370 Mont. 294 , 308 P.3d 949 (“Generally, valuing the property near the time of dissolution results in equitable apportionment, but unique circumstances may call for valuation at a different time.”) (citation omitted); In re Marriage of Krause, 200 Mont. 368, 379 , 654 P.2d 963, 968 (1982) (“When one considers the many different kinds of marital property and the associated problems of valuation it is obvious that a hard and fast rule should not be imposed.”). ¶28 Without question, it would have been preferable for the parties to present evidence on t 2015See Schwartz v. Harris, 2013 MT 145, ¶ 18 , 370 Mont. 294 , 308 P.3d 949 (“Generally, valuing the property near the time of dissolution results in equitable apportionment, but unique circumstances may call for valuation at a different time.”) (citation omitted); In re Marriage of Krause, 200 Mont. 368, 379 , 654 P.2d 963, 968 (1982) (“When one considers the many different kinds of marital property and the associated problems of valuation it is obvious that a hard and fast rule should not be imposed.”). ¶28 Without question, it would have been preferable for the parties to present evidence on t | 1 | 1 |
In Re the Marriage of Krausegreen2 sentences2015See Schwartz v. Harris, 2013 MT 145, ¶ 18 , 370 Mont. 294 , 308 P.3d 949 (“Generally, valuing the property near the time of dissolution results in equitable apportionment, but unique circumstances may call for valuation at a different time.”) (citation omitted); In re Marriage of Krause, 200 Mont. 368, 379 , 654 P.2d 963, 968 (1982) (“When one considers the many different kinds of marital property and the associated problems of valuation it is obvious that a hard and fast rule should not be imposed.”). ¶28 Without question, it would have been preferable for the parties to present evidence on t 2015See Schwartz v. Harris, 2013 MT 145, ¶ 18 , 370 Mont. 294 , 308 P.3d 949 (“Generally, valuing the property near the time of dissolution results in equitable apportionment, but unique circumstances may call for valuation at a different time.”) (citation omitted); In re Marriage of Krause, 200 Mont. 368, 379 , 654 P.2d 963, 968 (1982) (“When one considers the many different kinds of marital property and the associated problems of valuation it is obvious that a hard and fast rule should not be imposed.”). ¶28 Without question, it would have been preferable for the parties to present evidence on t | 1 | 1 |
Chandler v. Madsengreen2 sentences2007In Chandler v. Madsen, 197 Mont. 234, 242 , 642 P.2d 1028, 1033 (1982), we rejected the notion from Spackman that a property’s market value constitutes “a hard- and-fast rule” for determining the proper amount of damages. 2007In Chandler v. Madsen, 197 Mont. 234, 242 , 642 P.2d 1028, 1033 (1982), we rejected the notion from Spackman that a property’s market value constitutes “a hard- and-fast rule” for determining the proper amount of damages. | 1 | 1 |
In Re the Marriage of Milesnickgreen2 sentences2001Milesnick, 235 Mont. at 96 , 765 P.2d at 756 (citations omitted). 2001Milesnick, 235 Mont. at 96 , 765 P.2d at 756 (citations omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Langnes v. Green
green
2 sentences1961Langnes v. Green, 282 U.S. 531, 544 , 51 S.Ct. 243 , 75 L.Ed. 520, 526 . 1961Langnes v. Green, 282 U.S. 531, 544 , 51 S.Ct. 243 , 75 L.Ed. 520, 526 . | 2 | 1953–1961 |
Nelson v. Brooks
neutral
2 sentences2016Nelson v. Brooks, 2014 MT 120, ¶ 34 , 375 Mont. 86 , 329 P.3d 558 . 8 Judge McPhillips testified the one acre-foot amount was a general rule of thumb, not a hard-and-fast rule. 2016Nelson v. Brooks, 2014 MT 120, ¶ 34 , 375 Mont. 86 , 329 P.3d 558 . 8 Judge McPhillips testified the one acre-foot amount was a general rule of thumb, not a hard-and-fast rule. | 1 | 2016–2016 |
State v. Zimmerman
green
2 sentences2009In State v. Zimmerman, 175 Mont. 179 , 573 P.2d 174 (1977), we vacated a conviction, notwithstanding our previous and opposite decision in the same case on application for a writ of supervisory control. 2009In State v. Zimmerman, 175 Mont. 179 , 573 P.2d 174 (1977), we vacated a conviction, notwithstanding our previous and opposite decision in the same case on application for a writ of supervisory control. | 1 | 2009–2009 |
Beavers v. Johnson Controls World Services, Inc.
green
2 sentences2004Stating that its jurisprudence “is more nearly consistent with the views of the Harper minority,” the court employed Harper’s equality rationale to construct a presumption in favor of retroactivity “in lieu of the hard-and-fast rule prescribed for federal cases in Harper.” Beavers, 881 P.2d at 1383 . 2004Stating that its jurisprudence “is more nearly consistent with the views of the Harper minority,” the court employed Harper’s equality rationale to construct a presumption in favor of retroactivity “in lieu of the hard-and-fast rule prescribed for federal cases in Harper.” Beavers, 881 P.2d at 1383 . | 1 | 2004–2004 |
State v. Graham
green
2 sentences2003State v. Graham, 2002 MT 237, ¶ 18 , 311 Mont. 500, ¶ 18 , 57 P.3d 54, ¶ 18 . 2003State v. Graham, 2002 MT 237, ¶ 18 , 311 Mont. 500, ¶ 18 , 57 P.3d 54, ¶ 18 . | 1 | 2003–2003 |
State v. Graham
green
1 sentence2003State v. Graham, 2002 MT 237, ¶ 18 , 311 Mont. 500, ¶ 18 , 57 P.3d 54, ¶ 18 . | 1 | 2003–2003 |
Jackway v. Hymer
green
2 sentences1922(Gallagher v. Cornelius, 23 Mont. 27 , 57 Pac. 447 ; Ramsey v. Burns, 24 Mont. 234 , 61 Pac. 129 ; Jackway v. Hymer, 42 Mont. 168 , 111 Pac. 720 ; Wilson v. Norris, 43 Mont. 454 , 117 Pac. 100 .) In the case of Jackway v. Hymer, supra, this court speaking through Mr. Justice Holloway, has laid down the hard-and-fast rule applicable, as follows: “While the Constitution secures to a litigant the right of appeal, it does so only on condition that he complies with ‘such regulations as may be prescribed by law.’ (Const., Art. 1922(Gallagher v. Cornelius, 23 Mont. 27 , 57 Pac. 447 ; Ramsey v. Burns, 24 Mont. 234 , 61 Pac. 129 ; Jackway v. Hymer, 42 Mont. 168 , 111 Pac. 720 ; Wilson v. Norris, 43 Mont. 454 , 117 Pac. 100 .) In the case of Jackway v. Hymer, supra, this court speaking through Mr. Justice Holloway, has laid down the hard-and-fast rule applicable, as follows: “While the Constitution secures to a litigant the right of appeal, it does so only on condition that he complies with ‘such regulations as may be prescribed by law.’ (Const., Art. | 1 | 1922–1922 |
Wilson v. Norris
neutral
2 sentences1922(Gallagher v. Cornelius, 23 Mont. 27 , 57 Pac. 447 ; Ramsey v. Burns, 24 Mont. 234 , 61 Pac. 129 ; Jackway v. Hymer, 42 Mont. 168 , 111 Pac. 720 ; Wilson v. Norris, 43 Mont. 454 , 117 Pac. 100 .) In the case of Jackway v. Hymer, supra, this court speaking through Mr. Justice Holloway, has laid down the hard-and-fast rule applicable, as follows: “While the Constitution secures to a litigant the right of appeal, it does so only on condition that he complies with ‘such regulations as may be prescribed by law.’ (Const., Art. 1922(Gallagher v. Cornelius, 23 Mont. 27 , 57 Pac. 447 ; Ramsey v. Burns, 24 Mont. 234 , 61 Pac. 129 ; Jackway v. Hymer, 42 Mont. 168 , 111 Pac. 720 ; Wilson v. Norris, 43 Mont. 454 , 117 Pac. 100 .) In the case of Jackway v. Hymer, supra, this court speaking through Mr. Justice Holloway, has laid down the hard-and-fast rule applicable, as follows: “While the Constitution secures to a litigant the right of appeal, it does so only on condition that he complies with ‘such regulations as may be prescribed by law.’ (Const., Art. | 1 | 1922–1922 |
Comunidad Religiosa Católica de Reverendas Madres Carmelitas Calzadas, Inc. v. Fernández Pérez
neutral
1 sentence1922(Gallagher v. Cornelius, 23 Mont. 27 , 57 Pac. 447 ; Ramsey v. Burns, 24 Mont. 234 , 61 Pac. 129 ; Jackway v. Hymer, 42 Mont. 168 , 111 Pac. 720 ; Wilson v. Norris, 43 Mont. 454 , 117 Pac. 100 .) In the case of Jackway v. Hymer, supra, this court speaking through Mr. Justice Holloway, has laid down the hard-and-fast rule applicable, as follows: “While the Constitution secures to a litigant the right of appeal, it does so only on condition that he complies with ‘such regulations as may be prescribed by law.’ (Const., Art. | 1 | 1922–1922 |
Gallagher v. Cornelius
green
2 sentences1922(Gallagher v. Cornelius, 23 Mont. 27 , 57 Pac. 447 ; Ramsey v. Burns, 24 Mont. 234 , 61 Pac. 129 ; Jackway v. Hymer, 42 Mont. 168 , 111 Pac. 720 ; Wilson v. Norris, 43 Mont. 454 , 117 Pac. 100 .) In the case of Jackway v. Hymer, supra, this court speaking through Mr. Justice Holloway, has laid down the hard-and-fast rule applicable, as follows: “While the Constitution secures to a litigant the right of appeal, it does so only on condition that he complies with ‘such regulations as may be prescribed by law.’ (Const., Art. 1922(Gallagher v. Cornelius, 23 Mont. 27 , 57 Pac. 447 ; Ramsey v. Burns, 24 Mont. 234 , 61 Pac. 129 ; Jackway v. Hymer, 42 Mont. 168 , 111 Pac. 720 ; Wilson v. Norris, 43 Mont. 454 , 117 Pac. 100 .) In the case of Jackway v. Hymer, supra, this court speaking through Mr. Justice Holloway, has laid down the hard-and-fast rule applicable, as follows: “While the Constitution secures to a litigant the right of appeal, it does so only on condition that he complies with ‘such regulations as may be prescribed by law.’ (Const., Art. | 1 | 1922–1922 |
Ramsey v. Burns
neutral
1 sentence1922(Gallagher v. Cornelius, 23 Mont. 27 , 57 Pac. 447 ; Ramsey v. Burns, 24 Mont. 234 , 61 Pac. 129 ; Jackway v. Hymer, 42 Mont. 168 , 111 Pac. 720 ; Wilson v. Norris, 43 Mont. 454 , 117 Pac. 100 .) In the case of Jackway v. Hymer, supra, this court speaking through Mr. Justice Holloway, has laid down the hard-and-fast rule applicable, as follows: “While the Constitution secures to a litigant the right of appeal, it does so only on condition that he complies with ‘such regulations as may be prescribed by law.’ (Const., Art. | 1 | 1922–1922 |
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.