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  • Commentaries
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Montana Case Commentaries

Prescriptive Easements and Adverse Possession: Insights from Burlingame v. Marjerrison

Prescriptive Easements and Adverse Possession: Insights from Burlingame v. Marjerrison

Date: Jul 1, 1983
Prescriptive Easements and Adverse Possession: Insights from Burlingame v. Marjerrison Introduction The case of Claude I. Burlingame and Carol T. Burlingame v. Fred B. Marjerrison and Jeannine O....
Larson v. Larson: Ensuring Comprehensive Valuation and Equitable Division of Marital Estate

Larson v. Larson: Ensuring Comprehensive Valuation and Equitable Division of Marital Estate

Date: Sep 3, 1982
Larson v. Larson: Ensuring Comprehensive Valuation and Equitable Division of Marital Estate Introduction In re the Marriage of Beverly J. Larson v. Fred J. Larson, 200 Mont. 134 (Montana Supreme...
Equitable Conversion and Estate Administration: Supreme Court of Montana in Estate of Gille V. Wooten v. Grafft

Equitable Conversion and Estate Administration: Supreme Court of Montana in Estate of Gille V. Wooten v. Grafft

Date: May 1, 1982
Equitable Conversion and Estate Administration: Supreme Court of Montana in Estate of Gille V. Wooten v. Grafft Introduction The Supreme Court of Montana's decision in In the Matter of the Estate of...
Implicit Reservation of Water Rights and Mandatory Regulatory Approval under Montana Surface and Groundwater Act: Analysis of Castillo v. Kunnemann

Implicit Reservation of Water Rights and Mandatory Regulatory Approval under Montana Surface and Groundwater Act: Analysis of Castillo v. Kunnemann

Date: Mar 4, 1982
Implicit Reservation of Water Rights and Mandatory Regulatory Approval under Montana Surface and Groundwater Act: Analysis of Castillo v. Kunnemann Introduction Castillo v. Kunnemann, 197 Mont. 190...
Montana Supreme Court Adopts Terry and Cortez Standards for Vehicular Stops

Montana Supreme Court Adopts Terry and Cortez Standards for Vehicular Stops

Date: Jul 10, 1981
Montana Supreme Court Adopts Terry and Cortez Standards for Vehicular Stops Introduction In the landmark case of The State of Montana v. Michael Gopher (193 Mont. 189, 1981), the Supreme Court of...
State of Montana v. Jenkins: Upholding Proper Identification and Seizure Standards

State of Montana v. Jenkins: Upholding Proper Identification and Seizure Standards

Date: Jun 11, 1981
State of Montana v. Jenkins: Upholding Proper Identification and Seizure Standards Introduction Case Citation: The State of Montana, Plaintiff and Respondent, v. James Clifton Jenkins, Defendant and...
Clarifying Self-Defense Jury Instructions in Homicide Cases: Montana v. Charles Henry Graves

Clarifying Self-Defense Jury Instructions in Homicide Cases: Montana v. Charles Henry Graves

Date: Jan 8, 1981
Clarifying Self-Defense Jury Instructions in Homicide Cases: Montana v. Charles Henry Graves Introduction Montana v. Charles Henry Graves is a pivotal 1981 decision by the Supreme Court of Montana...
Reaffirming Standards for Attempted Burglary and the Admissibility of Psychiatric Testimony in Montana Jurisprudence

Reaffirming Standards for Attempted Burglary and the Admissibility of Psychiatric Testimony in Montana Jurisprudence

Date: Dec 31, 1980
Reaffirming Standards for Attempted Burglary and the Admissibility of Psychiatric Testimony in Montana Jurisprudence Introduction The case of The State of Montana v. Dwayne Fish and John Aldin...
Montana Supreme Court Prohibits Reimbursement of Attorney Fees for Indigent Defendants Without Recoupment Statute – State v. Lenihan

Montana Supreme Court Prohibits Reimbursement of Attorney Fees for Indigent Defendants Without Recoupment Statute – State v. Lenihan

Date: Nov 22, 1979
Montana Supreme Court Prohibits Reimbursement of Attorney Fees for Indigent Defendants Without Recoupment Statute – State v. Lenihan Introduction In State of Montana v. James Lenihan, 184 Mont. 338...
Equal Division of Marital Property in In Re the Marriage of Verna B. and Theodore F. Jacobson

Equal Division of Marital Property in In Re the Marriage of Verna B. and Theodore F. Jacobson

Date: Oct 10, 1979
Equal Division of Marital Property in In Re the Marriage of Verna B. and Theodore F. Jacobson Introduction The case of In Re the Marriage of Verna B. and Theodore F. Jacobson (183 Mont. 517)...
State v. Just: Establishing Procedural Safeguards for Admitting Prior Uncharged Sexual Offenses

State v. Just: Establishing Procedural Safeguards for Admitting Prior Uncharged Sexual Offenses

Date: Sep 18, 1979
State v. Just: Establishing Procedural Safeguards for Admitting Prior Uncharged Sexual Offenses Introduction State of Montana v. David Leroy Just is a seminal case decided by the Supreme Court of...
Affirmation of Judicial Funding Independence: Flathead County Board v. Eleventh Judicial District Court

Affirmation of Judicial Funding Independence: Flathead County Board v. Eleventh Judicial District Court

Date: Jul 6, 1979
Affirmation of Judicial Funding Independence: Flathead County Board v. Eleventh Judicial District Court Introduction The case of The Board of Commissioners of Flathead County et al. v. Eleventh...
Implied Contract for Reasonable Compensation in McNulty v. The Bewley Corporation

Implied Contract for Reasonable Compensation in McNulty v. The Bewley Corporation

Date: Jun 19, 1979
Implied Contract for Reasonable Compensation in McNulty v. The Bewley Corporation Introduction The Supreme Court of Montana, in Donald McNulty and Diana et al., Plaintiffs and Respondents, v. The...
Sovereign Consent and Fourth Amendment Protections: Insights from Montana v. Sorenson

Sovereign Consent and Fourth Amendment Protections: Insights from Montana v. Sorenson

Date: Jan 4, 1979
Sovereign Consent and Fourth Amendment Protections: Insights from Montana v. Sorenson Introduction In the landmark case of The State of Montana v. Howard Neil Sorenson (180 Mont. 269, 1979), the...
Montana Supreme Court Upholds State Board's Authority on Open Burning Permits

Montana Supreme Court Upholds State Board's Authority on Open Burning Permits

Date: Sep 29, 1978
Montana Supreme Court Upholds State Board's Authority on Open Burning Permits Introduction The case of State ex Rel. Department of Health and Environmental Sciences v. Lincoln County et al. (178...
Lowe v. City of Missoula: Establishing Standards for Rezoning Ordinances

Lowe v. City of Missoula: Establishing Standards for Rezoning Ordinances

Date: Jul 23, 1974
Lowe v. City of Missoula: Establishing Standards for Rezoning Ordinances Introduction In Thomas Paul Lowe et al. v. City of Missoula (165 Mont. 38), the Supreme Court of Montana addressed the...
Strict Liability in "Second Collision" Cases: Montana Supreme Court Establishes New Precedent

Strict Liability in "Second Collision" Cases: Montana Supreme Court Establishes New Precedent

Date: Aug 8, 1973
Strict Liability in "Second Collision" Cases: Montana Supreme Court Establishes New Precedent Introduction In Ruby Brandenburger v. Toyota Motor Sales, U.S.A., Inc., Toyota Motor Co., Ltd., the...
Strict Compliance in Escrow Transactions and the Invalidity of Void Instruments: Hart v. Barron

Strict Compliance in Escrow Transactions and the Invalidity of Void Instruments: Hart v. Barron

Date: Mar 24, 1949
Strict Compliance in Escrow Transactions and the Invalidity of Void Instruments: Hart v. Barron Introduction Hart v. Barron et al. (122 Mont. 350, 1949) is a seminal case decided by the Supreme Court...
Establishing Mandatory Pre-Trial Conferences Prior to Jury Trials: Insights from State ex Rel. Kennedy v. District Court

Establishing Mandatory Pre-Trial Conferences Prior to Jury Trials: Insights from State ex Rel. Kennedy v. District Court

Date: Apr 17, 1948
Establishing Mandatory Pre-Trial Conferences Prior to Jury Trials: Insights from State ex Rel. Kennedy v. District Court Introduction State ex Rel. Kennedy, Relator, v. District Court of Fifth...
Equitable Ownership and Tax Exemption in Option Contracts: Calvin v. Custer County

Equitable Ownership and Tax Exemption in Option Contracts: Calvin v. Custer County

Date: Nov 2, 1940
Equitable Ownership and Tax Exemption in Option Contracts: Calvin v. Custer County Introduction The case of Calvin, Respondent, v. Custer County et al., Appellants (111 Mont. 162, 1940) addresses the...
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