construction rule in Montana

1999Dew v. Dower (1993), 258 Mont. 114, 125-26 , 852 P.2d 549, 556 (citing State v. Murphy (1977), 174 Mont. 307, 311 , 570 P.2d 1103, 1105 ). ¶20 The California Supreme Court, in interpreting the reach of the nuisance immunity defense afforded by § 3482, has consistently applied a narrow construction to the principle embodied therein: “A statutory sanction cannot be pleaded in justification of acts which by the general rules of law constitute a nuisance, unless the acts complained of are authorized by the express terms of the statute under which the justification is made, or by the plainest and m

1999Dew v. Dower (1993), 258 Mont. 114, 125-26 , 852 P.2d 549, 556 (citing State v. Murphy (1977), 174 Mont. 307, 311 , 570 P.2d 1103, 1105 ). ¶20 The California Supreme Court, in interpreting the reach of the nuisance immunity defense afforded by § 3482, has consistently applied a narrow construction to the principle embodied therein: “A statutory sanction cannot be pleaded in justification of acts which by the general rules of law constitute a nuisance, unless the acts complained of are authorized by the express terms of the statute under which the justification is made, or by the plainest and m

1999J. at 674. ¶21 The Hassell test of statutory authorization thus “requires a particularized assessment of each authorizing statute in relation to the act which constitutes the nuisance.” Varjabedian v. City of Madera (Cal. 1977), 572 P.2d 43 , 47 n.6.

1999Dew v. Dower (1993), 258 Mont. 114, 125-26 , 852 P.2d 549, 556 (citing State v. Murphy (1977), 174 Mont. 307, 311 , 570 P.2d 1103, 1105 ). ¶20 The California Supreme Court, in interpreting the reach of the nuisance immunity defense afforded by § 3482, has consistently applied a narrow construction to the principle embodied therein: “A statutory sanction cannot be pleaded in justification of acts which by the general rules of law constitute a nuisance, unless the acts complained of are authorized by the express terms of the statute under which the justification is made, or by the plainest and m

1974The United States Supreme Court in Burdeau v. McDowell, 256 U.S. 465, 475 , 41 S.Ct. 574 , 65 L.Ed. 1048 , said: “The Fourth Amendment gives protection against unlawful searches and seizures, and as shown in the previous cases, its protection applies to governmental action.

1974The United States Supreme Court in Burdeau v. McDowell, 256 U.S. 465, 475 , 41 S.Ct. 574 , 65 L.Ed. 1048 , said: “The Fourth Amendment gives protection against unlawful searches and seizures, and as shown in the previous cases, its protection applies to governmental action.

1966State v. Beesskove, 34 Mont. 41, 52 , 85 P. 376 ; Hough v. Shishkowsky, 99 Mont. 28, 30 , 43 P.2d 247 ; State Highway Comm’n v. Manry, 143 Mont. 382, 385 , 390 P.2d 97 .

1966State v. Beesskove, 34 Mont. 41, 52 , 85 P. 376 ; Hough v. Shishkowsky, 99 Mont. 28, 30 , 43 P.2d 247 ; State Highway Comm’n v. Manry, 143 Mont. 382, 385 , 390 P.2d 97 .

1966State v. Beesskove, 34 Mont. 41, 52 , 85 P. 376 ; Hough v. Shishkowsky, 99 Mont. 28, 30 , 43 P.2d 247 ; State Highway Comm’n v. Manry, 143 Mont. 382, 385 , 390 P.2d 97 .

1966State v. Beesskove, 34 Mont. 41, 52 , 85 P. 376 ; Hough v. Shishkowsky, 99 Mont. 28, 30 , 43 P.2d 247 ; State Highway Comm’n v. Manry, 143 Mont. 382, 385 , 390 P.2d 97 .

1966State v. Beesskove, 34 Mont. 41, 52 , 85 P. 376 ; Hough v. Shishkowsky, 99 Mont. 28, 30 , 43 P.2d 247 ; State Highway Comm’n v. Manry, 143 Mont. 382, 385 , 390 P.2d 97 .

1966State v. Beesskove, 34 Mont. 41, 52 , 85 P. 376 ; Hough v. Shishkowsky, 99 Mont. 28, 30 , 43 P.2d 247 ; State Highway Comm’n v. Manry, 143 Mont. 382, 385 , 390 P.2d 97 .

1965As is observed in Schalk v. Bresnahan, 138 Mont. 129, 132 , 354 P.2d 735 : “In recent cases, Worstell v. DeVine, 135 Mont. 1 , 335 P.2d 305 ; Cure v. Southwick, 137 Mont. 1 , 349 P.2d 575 ; and Simons v. Keller, 137 Mont. 52 , 350 P.2d 366 , this court has gone a long way in permitting the opening of defaults * * * With these rules concerning opening of default judgments in mind, we look to the record here.

1965As is observed in Schalk v. Bresnahan, 138 Mont. 129, 132 , 354 P.2d 735 : “In recent cases, Worstell v. DeVine, 135 Mont. 1 , 335 P.2d 305 ; Cure v. Southwick, 137 Mont. 1 , 349 P.2d 575 ; and Simons v. Keller, 137 Mont. 52 , 350 P.2d 366 , this court has gone a long way in permitting the opening of defaults * * * With these rules concerning opening of default judgments in mind, we look to the record here.

1965As is observed in Schalk v. Bresnahan, 138 Mont. 129, 132 , 354 P.2d 735 : “In recent cases, Worstell v. DeVine, 135 Mont. 1 , 335 P.2d 305 ; Cure v. Southwick, 137 Mont. 1 , 349 P.2d 575 ; and Simons v. Keller, 137 Mont. 52 , 350 P.2d 366 , this court has gone a long way in permitting the opening of defaults * * * With these rules concerning opening of default judgments in mind, we look to the record here.

1965As is observed in Schalk v. Bresnahan, 138 Mont. 129, 132 , 354 P.2d 735 : “In recent cases, Worstell v. DeVine, 135 Mont. 1 , 335 P.2d 305 ; Cure v. Southwick, 137 Mont. 1 , 349 P.2d 575 ; and Simons v. Keller, 137 Mont. 52 , 350 P.2d 366 , this court has gone a long way in permitting the opening of defaults * * * With these rules concerning opening of default judgments in mind, we look to the record here.

1965As is observed in Schalk v. Bresnahan, 138 Mont. 129, 132 , 354 P.2d 735 : “In recent cases, Worstell v. DeVine, 135 Mont. 1 , 335 P.2d 305 ; Cure v. Southwick, 137 Mont. 1 , 349 P.2d 575 ; and Simons v. Keller, 137 Mont. 52 , 350 P.2d 366 , this court has gone a long way in permitting the opening of defaults * * * With these rules concerning opening of default judgments in mind, we look to the record here.

1965As is observed in Schalk v. Bresnahan, 138 Mont. 129, 132 , 354 P.2d 735 : “In recent cases, Worstell v. DeVine, 135 Mont. 1 , 335 P.2d 305 ; Cure v. Southwick, 137 Mont. 1 , 349 P.2d 575 ; and Simons v. Keller, 137 Mont. 52 , 350 P.2d 366 , this court has gone a long way in permitting the opening of defaults * * * With these rules concerning opening of default judgments in mind, we look to the record here.

1965As is observed in Schalk v. Bresnahan, 138 Mont. 129, 132 , 354 P.2d 735 : “In recent cases, Worstell v. DeVine, 135 Mont. 1 , 335 P.2d 305 ; Cure v. Southwick, 137 Mont. 1 , 349 P.2d 575 ; and Simons v. Keller, 137 Mont. 52 , 350 P.2d 366 , this court has gone a long way in permitting the opening of defaults * * * With these rules concerning opening of default judgments in mind, we look to the record here.

1965As is observed in Schalk v. Bresnahan, 138 Mont. 129, 132 , 354 P.2d 735 : “In recent cases, Worstell v. DeVine, 135 Mont. 1 , 335 P.2d 305 ; Cure v. Southwick, 137 Mont. 1 , 349 P.2d 575 ; and Simons v. Keller, 137 Mont. 52 , 350 P.2d 366 , this court has gone a long way in permitting the opening of defaults * * * With these rules concerning opening of default judgments in mind, we look to the record here.

1962In Tanner v. Smith, 97 Mont. 229, 237 , 33 P.2d 547, 550 , it is said: "* * * It is elementary that `instructions must be viewed as a whole *924 where error in giving and refusing certain of them is relied on for a reversal of the judgment.' Scott v. Waggoner, 48 Mont. 536 , 139 P. 454 , L.R.A. 1916C, 491 ; Cannon v. Lewis, 18 Mont. 402 , 45 P. 572 ." The instruction complained of, when read in conjunction with all the other instructions given by the court, fairly presented the case to the jury and could not possibly have misled the jury to the prejudice of the defendants.

1962In Tanner v. Smith, 97 Mont. 229, 237 , 33 P.2d 547, 550 , it is said: "* * * It is elementary that `instructions must be viewed as a whole *924 where error in giving and refusing certain of them is relied on for a reversal of the judgment.' Scott v. Waggoner, 48 Mont. 536 , 139 P. 454 , L.R.A. 1916C, 491 ; Cannon v. Lewis, 18 Mont. 402 , 45 P. 572 ." The instruction complained of, when read in conjunction with all the other instructions given by the court, fairly presented the case to the jury and could not possibly have misled the jury to the prejudice of the defendants.

1962In Tanner v. Smith, 97 Mont. 229, 237 , 33 P.2d 547, 550 , it is said: "* * * It is elementary that `instructions must be viewed as a whole *924 where error in giving and refusing certain of them is relied on for a reversal of the judgment.' Scott v. Waggoner, 48 Mont. 536 , 139 P. 454 , L.R.A. 1916C, 491 ; Cannon v. Lewis, 18 Mont. 402 , 45 P. 572 ." The instruction complained of, when read in conjunction with all the other instructions given by the court, fairly presented the case to the jury and could not possibly have misled the jury to the prejudice of the defendants.

1962In Tanner v. Smith, 97 Mont. 229, 237 , 33 P.2d 547, 550 , it is said: "* * * It is elementary that `instructions must be viewed as a whole *924 where error in giving and refusing certain of them is relied on for a reversal of the judgment.' Scott v. Waggoner, 48 Mont. 536 , 139 P. 454 , L.R.A. 1916C, 491 ; Cannon v. Lewis, 18 Mont. 402 , 45 P. 572 ." The instruction complained of, when read in conjunction with all the other instructions given by the court, fairly presented the case to the jury and could not possibly have misled the jury to the prejudice of the defendants.

1962In Tanner v. Smith, 97 Mont. 229, 237 , 33 P.2d 547, 550 , it is said: "* * * It is elementary that `instructions must be viewed as a whole *924 where error in giving and refusing certain of them is relied on for a reversal of the judgment.' Scott v. Waggoner, 48 Mont. 536 , 139 P. 454 , L.R.A. 1916C, 491 ; Cannon v. Lewis, 18 Mont. 402 , 45 P. 572 ." The instruction complained of, when read in conjunction with all the other instructions given by the court, fairly presented the case to the jury and could not possibly have misled the jury to the prejudice of the defendants.

1962In Tanner v. Smith, 97 Mont. 229, 237 , 33 P.2d 547, 550 , it is said: "* * * It is elementary that `instructions must be viewed as a whole *924 where error in giving and refusing certain of them is relied on for a reversal of the judgment.' Scott v. Waggoner, 48 Mont. 536 , 139 P. 454 , L.R.A. 1916C, 491 ; Cannon v. Lewis, 18 Mont. 402 , 45 P. 572 ." The instruction complained of, when read in conjunction with all the other instructions given by the court, fairly presented the case to the jury and could not possibly have misled the jury to the prejudice of the defendants.

1956Thus in Brown v. Graham, 58 Tex. 254 , the court in speaking of this said: *348 "Should the commissioners' court come to the conclusion that a larger court house is needed to meet the demands of the public business of their county, and they agree upon its plan and dimensions, and find that they can secure a building conforming to them in every respect, either by erecting a new structure, or altering, repairing and enlarging the old one, and the latter mode will be less expensive by half than the former, is there any reason in holding that they can levy the tax for the more expensive mode of at

1956Thus in Brown v. Graham, 58 Tex. 254 , the court in speaking of this said: “Should the commissioners’ court come to the conclusion that a larger court house is needed to meet the demands of the public business of their county, and they agree upon its plan and dimensions, and find that they can secure a building conforming to them in every respect, either by erecting a new structure, or altering, repairing and enlarging the old one, and the latter mode will be less expensive by half than the former, is there any reason in holding- that they can levy the tax for the more expensive mode of attain

1934Federal Land Bank v. Hays , 86 Mont. 58 , 282 P. 32 .) The theory upon which it is announced that an automobile is a wagon rests upon the doctrine of liberal construction, resulting in egregious fallacy.

1934Federal Land Bank v. Hays , 86 Mont. 58 , 282 P. 32 .) The theory upon which it is announced that an automobile is a wagon rests upon the doctrine of liberal construction, resulting in egregious fallacy.