time it became rule in Montana

1963Because the Legislature has neither abolished nor decreed the existence of an estate by the entireties, our next source of inquiry is dictated by R.C.M.1947, § 12-103, which provides: ‘ ‘ The common law of England, so far as it is not repugnant to or inconsistent with the constitution of the United States, or the constitution or laws of this state, or of the codes, is the rule of decision in all courts of this state.” The common law of England within the meaning of *190 the statute is “that body of jurisprudence as applied and modified by the courts of this country up to the time it became a r

1963Because the Legislature has neither abolished nor decreed the existence of an estate by the entireties, our next source of inquiry is dictated by R.C.M.1947, § 12-103, which provides: ‘ ‘ The common law of England, so far as it is not repugnant to or inconsistent with the constitution of the United States, or the constitution or laws of this state, or of the codes, is the rule of decision in all courts of this state.” The common law of England within the meaning of *190 the statute is “that body of jurisprudence as applied and modified by the courts of this country up to the time it became a r

1925This right, he says, is based upon the common law of England; that law "so far as it is not repugnant to or inconsistent with the Constitution of the United States or the Constitution or laws of this state, or of the Codes, is the rule of decision in all the courts of this state." (Sec. 5672, Revised [1] Codes 1921.) The common law of England means that body of jurisprudence as applied and modified by the courts of this country up to the time it became a rule of decision in this commonwealth; that time began with our first territorial legislature. ( Aetna Accident Liability Co. v. Miller , 54

1925This right, he says, is based upon the common law of England; that law "so far as it is not repugnant to or inconsistent with the Constitution of the United States or the Constitution or laws of this state, or of the Codes, is the rule of decision in all the courts of this state." (Sec. 5672, Revised [1] Codes 1921.) The common law of England means that body of jurisprudence as applied and modified by the courts of this country up to the time it became a rule of decision in this commonwealth; that time began with our first territorial legislature. ( Aetna Accident Liability Co. v. Miller , 54

1949Under identical *503 statutory provisions the Supreme Court of California, in Quist v. Sandman, 154 Cal. 748 , 99 Pac. 204 ; Michaelson v. Fish, 1 Cal. App. 116 , 81 Pac. 661 ; Lux v. Haggin, 69 Cal. 255, 384 , 4 Pac. 919 , 10 Pac. 674 , and Sharon v. Sharon, 75 Cal. 1, 13 , 16 Pac. 345 , has held that the statutes are but continuations of the basic common law, and that when the statute is either silent or ambiguous, in order to determine rights under it an examination of both the common law and the statute is necessary. ‘ ‘ Our Code further recognizes the continuance of the common law, and th

1949Under identical *503 statutory provisions the Supreme Court of California, in Quist v. Sandman, 154 Cal. 748 , 99 Pac. 204 ; Michaelson v. Fish, 1 Cal. App. 116 , 81 Pac. 661 ; Lux v. Haggin, 69 Cal. 255, 384 , 4 Pac. 919 , 10 Pac. 674 , and Sharon v. Sharon, 75 Cal. 1, 13 , 16 Pac. 345 , has held that the statutes are but continuations of the basic common law, and that when the statute is either silent or ambiguous, in order to determine rights under it an examination of both the common law and the statute is necessary. ‘ ‘ Our Code further recognizes the continuance of the common law, and th

1949Under identical *503 statutory provisions the Supreme Court of California, in Quist v. Sandman, 154 Cal. 748 , 99 Pac. 204 ; Michaelson v. Fish, 1 Cal. App. 116 , 81 Pac. 661 ; Lux v. Haggin, 69 Cal. 255, 384 , 4 Pac. 919 , 10 Pac. 674 , and Sharon v. Sharon, 75 Cal. 1, 13 , 16 Pac. 345 , has held that the statutes are but continuations of the basic common law, and that when the statute is either silent or ambiguous, in order to determine rights under it an examination of both the common law and the statute is necessary. ‘ ‘ Our Code further recognizes the continuance of the common law, and th

1949Under identical *503 statutory provisions the Supreme Court of California, in Quist v. Sandman, 154 Cal. 748 , 99 Pac. 204 ; Michaelson v. Fish, 1 Cal. App. 116 , 81 Pac. 661 ; Lux v. Haggin, 69 Cal. 255, 384 , 4 Pac. 919 , 10 Pac. 674 , and Sharon v. Sharon, 75 Cal. 1, 13 , 16 Pac. 345 , has held that the statutes are but continuations of the basic common law, and that when the statute is either silent or ambiguous, in order to determine rights under it an examination of both the common law and the statute is necessary. ‘ ‘ Our Code further recognizes the continuance of the common law, and th

1949Under identical *503 statutory provisions the Supreme Court of California, in Quist v. Sandman, 154 Cal. 748 , 99 Pac. 204 ; Michaelson v. Fish, 1 Cal. App. 116 , 81 Pac. 661 ; Lux v. Haggin, 69 Cal. 255, 384 , 4 Pac. 919 , 10 Pac. 674 , and Sharon v. Sharon, 75 Cal. 1, 13 , 16 Pac. 345 , has held that the statutes are but continuations of the basic common law, and that when the statute is either silent or ambiguous, in order to determine rights under it an examination of both the common law and the statute is necessary. ‘ ‘ Our Code further recognizes the continuance of the common law, and th

1949Under identical *503 statutory provisions the Supreme Court of California, in Quist v. Sandman, 154 Cal. 748 , 99 Pac. 204 ; Michaelson v. Fish, 1 Cal. App. 116 , 81 Pac. 661 ; Lux v. Haggin, 69 Cal. 255, 384 , 4 Pac. 919 , 10 Pac. 674 , and Sharon v. Sharon, 75 Cal. 1, 13 , 16 Pac. 345 , has held that the statutes are but continuations of the basic common law, and that when the statute is either silent or ambiguous, in order to determine rights under it an examination of both the common law and the statute is necessary. ‘ ‘ Our Code further recognizes the continuance of the common law, and th

1949Under identical *503 statutory provisions the Supreme Court of California, in Quist v. Sandman, 154 Cal. 748 , 99 Pac. 204 ; Michaelson v. Fish, 1 Cal. App. 116 , 81 Pac. 661 ; Lux v. Haggin, 69 Cal. 255, 384 , 4 Pac. 919 , 10 Pac. 674 , and Sharon v. Sharon, 75 Cal. 1, 13 , 16 Pac. 345 , has held that the statutes are but continuations of the basic common law, and that when the statute is either silent or ambiguous, in order to determine rights under it an examination of both the common law and the statute is necessary. ‘ ‘ Our Code further recognizes the continuance of the common law, and th

1949Under identical *503 statutory provisions the Supreme Court of California, in Quist v. Sandman, 154 Cal. 748 , 99 Pac. 204 ; Michaelson v. Fish, 1 Cal. App. 116 , 81 Pac. 661 ; Lux v. Haggin, 69 Cal. 255, 384 , 4 Pac. 919 , 10 Pac. 674 , and Sharon v. Sharon, 75 Cal. 1, 13 , 16 Pac. 345 , has held that the statutes are but continuations of the basic common law, and that when the statute is either silent or ambiguous, in order to determine rights under it an examination of both the common law and the statute is necessary. ‘ ‘ Our Code further recognizes the continuance of the common law, and th

1922Ford v. Young, 54 Mont. 401, 403 , 170 Pac. 947 .) The common law of England means that body of jurisprudence as applied and modified by the courts of this country up to the time it became a rule of decision in this commonwealth.

1922Ford v. Young, 54 Mont. 401, 403 , 170 Pac. 947 .) The common law of England means that body of jurisprudence as applied and modified by the courts of this country up to the time it became a rule of decision in this commonwealth.