rejection claim (Montana) · Go Syfert
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rejection claim in Montana

8 Montana opinions name it 1 courts 1920–2002 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 (2)

CaseFollowedCited
State v. Korellgreen
mont · 1984 · cited in 2 Montana opinions naming this issue, 1998–1998
2 sentences

1998Korell, 690 P.2d at 996, 1004 . [ 288 Mont. 105 ] ¶80 We observed that the applicable sentencing statutes expressly required the sentencing court to consider whether the defendant suffered from a "mental disease or defect," even where the jury had convicted the defendant.

1998Korell, 690 P.2d at 996, 1004 . ¶80 We observed that the applicable sentencing statutes expressly required the sentencing court to consider whether the defendant suffered from a “mental disease or defect,” even where the jury had convicted the defendant.

22
State Ex Rel. Department of Social & Rehabilitation Services v. Shodair Hospitalgreen
mont · 1995 · cited in 1 Montana opinions naming this issue, 2002–2002
2 sentences

2002Shodair Hospital, 273 Mont. at 160 , 902 P.2d at 24 (citation omitted). ¶27 The hearing officer’s Finding of Fact No. 1 provides: The Appellants each manage 450 to 500 cases.

2002Shodair Hospital, 273 Mont. at 160 , 902 P.2d at 24 (citation omitted). ¶27 The hearing officer’s Finding of Fact No. 1 provides: The Appellants each manage 450 to 500 cases.

11

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 (6)

CaseCitedYears
Brander v. Director, Montana Department of Institutions green
mont · 1991
2 sentences

1998Brander v. Director, Dept. of Inst. (1991), 247 Mont. 302, 308 , 806 P.2d 530, 533 .

1998Brander v. Director, Dept. of Inst. (1991), 247 Mont. 302, 308 , 806 P.2d 530, 533 .

11998–1998
Vail v. Custer County green
mont · 1957
2 sentences

1961Relator’s claim was based on section 84-4176, R.C.M.1947, and the decision of this court in Vail v. Custer County, 132 Mont. 205 , 315 P.2d 993 .

1961Relator’s claim was based on section 84-4176, R.C.M.1947, and the decision of this court in Vail v. Custer County, 132 Mont. 205 , 315 P.2d 993 .

11961–1961
State ex rel. Mitchell v. Holmes neutral
mont · 1954
2 sentences

1957Mitchell v. Holmes, 128 Mont. 275 , 274 Pac. (2d) 611 .

1957Mitchell v. Holmes, 128 Mont. 275 , 274 Pac. (2d) 611 .

11957–1957
Armstrong v. American Exchange Nat. Bank of Chicago green
· 1890
2 sentences

1927It is equitable and just, therefore, that the share of the other creditors in the assets of the bank should be reduced by enough to pay the interest on the delayed dividends on the $100,000 from the date of the rejection of the claim until such dividends are paid. ' This conclusion is fully sustained by the decision *245 of the supreme court in the ease of Armstrong v. Bank, 133 U. S. 433 , 10 S. Ct. 450 [ 33 L.

1927It is equitable and just, therefore, that the share of the other creditors in the assets of the bank should be reduced by enough to pay the interest on the delayed dividends on the $100,000 from the date of the rejection of the claim until such dividends are paid. ' This conclusion is fully sustained by the decision *245 of the supreme court in the ease of Armstrong v. Bank, 133 U. S. 433 , 10 S. Ct. 450 [ 33 L.

11927–1927
In re Estate of Swain green
cal · 1885
2 sentences

1920Upon the rejection of the claim by the executor, without a demand for further information, or of exhibits or proof of the claim, the plaintiff was entitled to maintain an action for the amount of his claim upon a contract, either express or implied. * * * We do not think the claim presented differs so much from the cause of action sued on, in the absence of demand for more specific information * * * as to constitute a fatal variance.” To the same effect, see Estate of Swain, 67 Cal. 637 , 8 Pac. 497 ; 18 Cyc. 480; Selna v. Selna, 125 Cal. 357 , 73 Am.

1920Upon the rejection of the claim by the executor, without a demand for further information, or of exhibits or proof of the claim, the plaintiff was entitled to maintain an action for the amount of his claim upon a contract, either express or implied. * * * We do not think the claim presented differs so much from the cause of action sued on, in the absence of demand for more specific information * * * as to constitute a fatal variance.” To the same effect, see Estate of Swain, 67 Cal. 637 , 8 Pac. 497 ; 18 Cyc. 480; Selna v. Selna, 125 Cal. 357 , 73 Am.

11920–1920
Selna v. Selna green
cal · 1899
1 sentence

1920Upon the rejection of the claim by the executor, without a demand for further information, or of exhibits or proof of the claim, the plaintiff was entitled to maintain an action for the amount of his claim upon a contract, either express or implied. * * * We do not think the claim presented differs so much from the cause of action sued on, in the absence of demand for more specific information * * * as to constitute a fatal variance.” To the same effect, see Estate of Swain, 67 Cal. 637 , 8 Pac. 497 ; 18 Cyc. 480; Selna v. Selna, 125 Cal. 357 , 73 Am.

11920–1920

Where else courts name it

TX 186 (1875–2026) CA 103 (1870–2026) NY 79 (1879–2020) LA 59 (1857–2023) PA 33 (1925–2023) WA 25 (1906–2017) NJ 21 (1950–2026) OH 20 (1918–2024) OR 18 (1892–2004) CT 18 (1982–2019) IL 17 (1894–2022) TN 16 (2004–2020) MD 15 (1888–2024) MO 14 (1917–2016) FL 14 (1977–2013) AZ 13 (1925–2013) MA 13 (1831–2024) MS 12 (1884–2022) VA 11 (1950–2014) DC 10 (1979–2022) MI 9 (1878–2019) CO 9 (1977–2025) UT 9 (1923–2023) IN 9 (1891–2020) AL 8 (1847–2008) MT 8 (1920–2002) NM 7 (1936–2014) KY 7 (1964–2000) AK 6 (1977–2010) IA 6 (1971–2020) AR 5 (1974–2007) KS 5 (1924–2021) HI 5 (1961–2022) WV 5 (1914–1990) ID 4 (1925–1974) GA 4 (1885–2024) VI 4 (2011–2023) SD 4 (1906–2010) OK 4 (1915–2020) NV 4 (1955–2021) NE 3 (1896–2016) MN 3 (1883–2008) NC 2 (1989–2004) ME 2 (1861–1994) WY 2 (1987–2015)

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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