location hearing (Montana) · Go Syfert
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location hearing in Montana

8 Montana opinions name it 1 courts 1891–2018 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.

Followed or applied (1)

CaseFollowedCited
King v. Thomasgreen
· 1887 · cited in 2 Montana opinions naming this issue, 1894–1895
2 sentences

1895Before a mining claim patent can issue, it must be established in the land department by competent evidence that there has been a discovery within the boundaries of the claim, and a notice and location according to law; that the necessary work has been done, and that all preliminary and precedent acts have been performed, which authorize and justify the issuance of the patent. ’ ’ It was also again said in Butte City Smokehouse Lode cases, 6 Mont., at page 409, as follows: “And so the Smokehouse patent was itself evidence that in the discovery, the location of the claim, and in all proceedings

1894King v. Thomas, 6 Mont. 409 , settled this contention, and announced the rule that has now been undisturbed for seven years.

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
In re the Mental Health of L.K. green
mont · 2009
2 sentences

2018The right to treatment provided for in this part may not be waived. ***120 (2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that: (a)(i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and (ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respo

2018The right to treatment provided for in this part may not be waived. ***120 (2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that: (a)(i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and (ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respo

22011–2018
Matter of L.K. neutral
mont · 2009
2 sentences

2018The right to treatment provided for in this part may not be waived. ***120 (2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that: (a)(i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and (ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respo

2011In the Matter of the Mental Health of L.K., 2009 MT 366 , 353 Mont. 246 , 219 P.3d 1263 .

22011–2018
In re A.M. neutral
mont · 2014
1 sentence

2018The right to treatment provided for in this part may not be waived. ***120 (2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that: (a)(i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and (ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respo

12018–2018
In re P.A.C. green
mont · 2013
2 sentences

2018The right to treatment provided for in this part may not be waived. ***120 (2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that: (a)(i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and (ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respo

2018The right to treatment provided for in this part may not be waived. ***120 (2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that: (a)(i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and (ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respo

12018–2018
Matter of P.A.C. green
mont · 2013
1 sentence

2018The right to treatment provided for in this part may not be waived. ***120 (2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that: (a)(i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and (ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respo

12018–2018
Matter of A.M. neutral
mont · 2014
2 sentences

2018The right to treatment provided for in this part may not be waived. ***120 (2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that: (a)(i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and (ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respo

2018The right to treatment provided for in this part may not be waived. ***120 (2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that: (a)(i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and (ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respo

12018–2018
In Re the Mental Health of S.C. green
mont · 2000
2 sentences

2009In re S.C., 2000 MT 370 , 303 Mont. 444 , 15 P.3d 861 .

2009In re S.C., 2000 MT 370 , 303 Mont. 444 , 15 P.3d 861 .

12009–2009
Sanders v. Noble neutral
mont · 1899
2 sentences

1909We do not agree with the conclusion of the trial court that a notice of location describing the course of the vein as north and south will not support a location of a claim along a vein the general course of which is east and west (Sanders v. Noble, 22 Mont. 110 , 55 Pac. 1037 ); but this is of little consequence in this case, in view of what is said above.

1909We do not agree with the conclusion of the trial court that a notice of location describing the course of the vein as north and south will not support a location of a claim along a vein the general course of which is east and west (Sanders v. Noble, 22 Mont. 110 , 55 Pac. 1037 ); but this is of little consequence in this case, in view of what is said above.

11909–1909
Iron Silver Mining Co. v. Elgin Mining & Smelting Co. green
· 1886
1 sentence

1899Co. v. Elgin, Mining & Smelting Co., 118 U. S. 196 , 6 Sup. Ct. 1177, the Supreme Court considered the Federal statute requiring the location of a claim to be distinctly marked on the ground, so that its boundaries may be readily traced, and used the following language: ‘fSuch location often precedes any extended explorations, and is therefore made without accurate knowledge of the course and direction of the vein.

11899–1899
Central Railroad v. Bourbon County green
scotus · 1886
1 sentence

1891Co. v. Cheesman, 116 U. S. 538 : “ If the language here excepted to [speaking of an instruction given in the court below] stood alone, it would be correct, though possibly too general or exclusive.

11891–1891

Statutes the citing opinions construe

MT § Mont. Code Ann. § 53-21-119 (3)

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.

Where else courts name it

CA 23 (1911–2025) TX 16 (1903–2015) IL 13 (1999–2023) NY 11 (1987–2025) GA 9 (1982–2015) MT 8 (1891–2018) IN 7 (2012–2018) MO 7 (1946–2024) ND 7 (1992–2012) OR 6 (1892–2024) PA 6 (1931–2016) LA 6 (2002–2013) OH 5 (1995–2022) NE 5 (2000–2007) MI 4 (1893–2019) FL 4 (1983–2018) SD 4 (1905–2016) ID 3 (1889–1911) MN 3 (1999–2003) CO 3 (1901–1996) NJ 3 (1962–1994) OK 3 (1981–2023) AR 2 (1902–1989) KS 2 (1971–1978) TN 2 (1982–2023) IA 2 (2015–2015) NV 2 (1944–1965) RI 2 (2009–2010) HI 2 (2010–2011) CT 2 (1962–2007) NM 2 (1907–1939) MA 2 (1929–1981) ME 2 (1921–2006) WA 2 (1926–2022)

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.

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