universally recognized rule (Montana) · Go Syfert
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universally recognized rule in Montana

7 Montana opinions name it 1 courts 1922–1984 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
International Register Co. v. Recording Fare Register Co.green
ca2 · 1907 · cited in 2 Montana opinions naming this issue, 1948–1963
2 sentences

1963See International Register Co. v. Recording Fare Register Co., 2 Cir., 151 F. 199 .

1948See International Register Co. v. Recording Fare Register Co., 2 Cir., 151 F. 199 .

22
Allers v. Willisgreen
mont · 1982 · cited in 1 Montana opinions naming this issue, 1984–1984
2 sentences

1984See Allers v. Willis (Mont. 1982), [ 197 Mont. 499 ,] 643 P.2d 592, 596 , 39 St.Rep. 745 , 750.

1984See Allers v. Willis (Mont. 1982), [ 197 Mont. 499 ,] 643 P.2d 592, 596 , 39 St.Rep. 745 , 750.

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
State v. Kahn neutral
· 1919
2 sentences

1948State v. Kahn, 56 Mont. 108 , 182 Pac. 107 .

1948State v. Kahn, 56 Mont. 108 , 182 Pac. 107 .

21922–1948
State v. Francis green
· 1920
2 sentences

1944This court defined a nunc pro tunc order in State v. Francis , 58 Mont. 659 , 664 , 194 P. 304 , 305 , and the circumstances wherein it may be used: "` Nunc pro tunc ' means literally, `now for then,' and a valid nunc pro tunc order is one which, for some good reason, should have been made at an earlier date, and which therefore, the court may cause to take effect as of the date when it should have been made.

1944This court defined a nunc pro tunc order in State v. Francis , 58 Mont. 659 , 664 , 194 P. 304 , 305 , and the circumstances wherein it may be used: "` Nunc pro tunc ' means literally, `now for then,' and a valid nunc pro tunc order is one which, for some good reason, should have been made at an earlier date, and which therefore, the court may cause to take effect as of the date when it should have been made.

11944–1944
In Re Nelson neutral
mont · 1936
2 sentences

1944Criticism of a court or a judge is contemptuous only when made while the cause to which it refers is pending before the court. ( In re Nelson , 103 Mont. 43 , 60 P.2d 365 .) The nunc pro tunc order directing the petition filed as of October 7th, when it was stamped on its face for filing under date of November 15, and entered on the records under the latter date was an improper and illegal employment of a nunc pro tunc order, and under the universally recognized rule was void and of no effect.

1944Criticism of a court or a judge is contemptuous only when made while the cause to which it refers is pending before the court. ( In re Nelson , 103 Mont. 43 , 60 P.2d 365 .) The nunc pro tunc order directing the petition filed as of October 7th, when it was stamped on its face for filing under date of November 15, and entered on the records under the latter date was an improper and illegal employment of a nunc pro tunc order, and under the universally recognized rule was void and of no effect.

11944–1944
Merchants' National Bank v. National Bank neutral
nced · 1916
1 sentence

1926(Merchants National Bank of Richmond v. National Bank of Lillington, 231 Fed. 556 ; Bank of Springfield v. Williams (S. D.), 205 N. W. 221 ; State ex rel.

11926–1926
Bank of Springfield v. Williams neutral
sd · 1925
1 sentence

1926(Merchants National Bank of Richmond v. National Bank of Lillington, 231 Fed. 556 ; Bank of Springfield v. Williams (S. D.), 205 N. W. 221 ; State ex rel.

11926–1926
State v. State Board of Equalization green
· 1919
2 sentences

1922(State v. State Board of Equalization, 56 Mont. 413 , 185 Pac. 708 .) It is a universally recognized rule of con- [6] struction in testing the validity of a statute subject to two constructions, one of which will' uphold its validity, while the other will condemn it, that the former will be adopted if it can be done without violence to the fair meaning of the words employed.

1922(State v. State Board of Equalization, 56 Mont. 413 , 185 Pac. 708 .) It is a universally recognized rule of con- [6] struction in testing the validity of a statute subject to two constructions, one of which will' uphold its validity, while the other will condemn it, that the former will be adopted if it can be done without violence to the fair meaning of the words employed.

11922–1922

Where else courts name it

OK 18 (1949–2023) KY 18 (1912–2025) AL 14 (1896–1993) WV 13 (1909–2025) IL 13 (1921–2008) MD 13 (1917–2020) CA 12 (1913–2012) TX 12 (1930–2015) MO 11 (1869–2018) GA 7 (1897–1983) MT 7 (1922–1984) KS 7 (1887–1949) LA 7 (1933–1999) ID 6 (1942–2010) IN 6 (1890–1981) AR 5 (1910–2005) OH 5 (1888–1991) NJ 4 (1942–1977) WY 4 (1923–1988) WA 4 (1903–1959) IA 4 (1902–2020) DE 4 (1956–2001) NY 3 (1913–1936) MN 3 (1926–1985) FL 3 (1939–1985) PA 3 (1915–1977) TN 3 (1960–2017) CO 3 (1951–2002) VT 2 (1853–2010) SD 2 (1953–1989) MS 2 (1922–1983) MA 2 (1910–1974) NV 2 (1867–1974) DC 2 (1988–1996) HI 2 (1926–1960) NC 2 (1896–1936) NM 2 (1940–1975) PR 2 (1933–1947) AZ 2 (1977–1995) NE 2 (1902–1987)

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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