This writ is also called a "writ of covenant" and is sued out bythe party to whom ...
Montana Supreme Court Court Cases
The Department of Revenue (DOR) appeals an order of the First Judicial District Court, Lewis and Clark County, which granted tax-exempt status to cattle owned by Steer, Inc. (Steer), on the basis that the cattle were property owned by an "institution of purely public charity" under §§ 15-6-201(1)(e), and -201(2)(a), MCA. This holding reversed a prior decision of the State Tax Appeal Board (STAB). We reverse the District Court's order.
Court: Montana Supreme Court Docket: 90-106
The plaintiff, Carbon County, initiated this suit to quiet title in all of the mineral and mineral rights, excluding the coal and coal rights, on certain lands within the county. Florentine Exploration & Production (Florentine) was allowed to intervene in the action, aligning itself with Carbon County. Following a bench trial, the District Court for the Thirteenth Judicial District, Carbon County, entered judgment for defendant, Union Reserve Coal Co. (Union Reserve), awarding Union Reserve [...]
Court: Montana Supreme Court Docket: 93-426
This is an appeal from a judgment of possession of the Twelfth Judicial District, Chouteau County. Subsequent to a foreclosure action, the District Court found that the appellants, Joe and Grace DeSaye (DeSaye), were not entitled to possession of their farm in Loma, Montana during the statutory redemption period. We affirm.
Court: Montana Supreme Court Docket: 90-628
State v. Finley (1996)
Daniel Felix Finley (Finley) appeals from the judgment and commitment entered by the Twentieth Judicial District Court, Lake County, for sexual intercourse without consent and for burglary. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
Court: Montana Supreme Court Docket: 94-427
Whitlow v. State (2008)¶ 2 On August 18, 1993, the State charged Whitlow, by Information, with one felony count of aggravated kidnapping, in violation of § 45-5-303, MCA, and one felony count of sexual intercourse without consent, in violation of § 45-5-503, MCA. These charges stemmed from the July 8, 1993 kidnapping of a six-year-old girl in Pinesdale, Montana. Additional facts underlying these charges, but not pertinent to the instant appeal, are set out in State v. Whitlow, 285 Mont. 430, 949 P.2d 239 (1997) [...]
Court: Montana Supreme Court Docket: 05-128
State v. Just (1979)
Defendant is the stepfather of the victim, who was thirteen years old at the time of the incident. The specific incident with which defendant was charged occurred on or about January 27, 1977. At trial the victim testified to the following sequence of events.
Court: Montana Supreme Court Docket: 14197
State v. Van Kirk (2001)
¶ 1 On January 19, 1999, a jury convicted Marvin Van Kirk (Van Kirk) of four criminal offenses: driving under the influence of alcohol, failing to carry proof of vehicle registration, operating a motor vehicle without liability insurance, and driving a vehicle with a suspended or revoked driver's license. Van Kirk appeals his convictions to this Court. We affirm.
Court: Montana Supreme Court Docket: 99-413
¶ 1 Defendant Mary Hulse (Hulse) appeals from the Findings of Fact, Conclusions of Law and Order of the Thirteenth Judicial District Court, Stillwater County, denying her petition to reinstate her driving privileges after those were suspended for her refusal to take a breath test pursuant to § 61-8-402, MCA, as well as the court's denial of her motion in limine to exclude evidence concerning the results of field sobriety tests conducted prior to her arrest for driving while under the [...]
Court: Montana Supreme Court Docket: 96-541
State v. Ariegwe (2007)
For Respondent: Hon. Mike McGrath, Montana Attorney General, Carol E. Schmidt, Assistant Attorney General, Helena, Montana, Brant Light, Cascade County Attorney, Sue Weber, Deputy County Attorney, Great Falls, Montana.
Court: Montana Supreme Court Docket: 04-620
State v. Lenihan (1979)This is an appeal from the District Court of the Eighth Judicial District, Cascade County. Defendant was charged by information on September 1, 1978, with burglary, a felony, and criminal possession of dangerous drugs, a misdemeanor. At his arraignment on September 12, 1978, defendant entered a plea of not guilty to both offenses. On January 2, 1979, defendant moved to withdraw his not guilty plea and entered a plea of guilty to the charge of burglary, a felony in violation of section 45-6-204, [...]
Court: Montana Supreme Court Docket: 14786
State v. Gopher (1981)
Mike Greely, Atty. Gen., Helena, Mark J. Murphy, argued, Asst. Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Great Falls, Randall A. Snyder, argued, Deputy County Atty., Great Falls, for plaintiff and respondent.
Court: Montana Supreme Court Docket: 80-485
State v. Montoya (1999)
Hon. Joseph P. Mazurek, Attorney General, Pamela P. Collins, Ass't Attorney General, Helena, David Rice, Hill County Attorney, Aileen Miller, Deputy Hill County Attorney, Havre, for Respondent.
Court: Montana Supreme Court Docket: 98-727
State v. Kougl (2004)¶ 5 On July 17, 2002, Kougl was arrested at the scene of a methamphetamine lab in Great Falls. The lab was the home of Colt Loney and Susan Fassler. Other individuals were also present, including James Pool. Cascade County Sheriff's Detective Dan Kohm and another officer arrived at the home to present a forgery arrest warrant to Fassler. After obtaining permission to enter the home, Detective Kohm observed many items consistent with the operation of a methamphetamine lab. After receiving [...]
Court: Montana Supreme Court Docket: 03-503
State v. Gallagher (2001)
Honorable Joseph P. Mazurek, Attorney General; John Paulson, Assistant Attorney General, Helena, MT, Brant Light, County Attorney; Julie Macek, Deputy County Attorney, Great Falls, MT, For Respondent.
Court: Montana Supreme Court Docket: 00-060
Daines v. Knight (1995)
Appellants Welden L. Daines and Great Falls Limited appeal from the findings of fact, conclusions of law, and final judgment of the Eighth Judicial District Court, Cascade County, denying the claims of appellants and granting judgment in favor of respondents Kenneth Knight, George Buzzas, and Northwest Motor Inns.
Court: Montana Supreme Court Docket: 91-432
State v. Ashby (2008)¶ 1 Eugene Howard Ashby (Ashby) entered a guilty plea to the offense of Issuing a Bad Check, a Felony Common Scheme. The Eleventh Judicial District Court sentenced Ashby to a term of three years, all deferred, and imposed numerous conditions on his deferred sentence including a prohibition from consuming alcohol or other intoxicants and a prohibition from gambling. Ashby objected to these conditions on the ground that they had no nexus to his underlying offense. The District Court declined to [...]
Court: Montana Supreme Court Docket: 07-0228
State v. Weeks (1995)
Defendant/Appellant, Michael Weeks, was charged with sexual intercourse without consent, a felony in violation of § 45-5-503, MCA (1991), alleged to have occurred on or about October 17, 1991. After a jury trial held in the First Judicial District, Lewis and Clark County, Weeks was convicted of the charge, and the District Court entered its Judgment and Order on September 22, 1993, sentencing Weeks to 35 years in prison with 15 years suspended. Weeks appeals his conviction. We affirm.
Court: Montana Supreme Court Docket: 94-023
Story v. City of Bozeman (1990)
The City of Bozeman appeals a jury verdict against it in this suit for breach of a construction contract. The jury awarded plaintiff Story $360,000 in tort damages for breach of the covenant of good faith and fair dealing and $13,236 in contract damages. Story cross-appeals. We reverse and remand for retrial.
Court: Montana Supreme Court Docket: 88-504
Cereck v. Albertson's Inc. (1981)
In a damage action by a customer who slipped, fell and was injured on business premises, the District Court of Cascade County granted summary judgment to defendants. Plaintiff appeals. We reverse.
Court: Montana Supreme Court Docket: 81-093
¶ 1 Unified Industries, Inc. (Unified) sued numerous defendants, under several legal theories, seeking the declaration of an easement across their property to property it owns and an injunction prohibiting them from obstructing its use of the easement. Defendants Arthur J. Frank, William J. Harris, Gloria E. Harris, Kent Olsen, Laura Olsen, Kevin J. Robinson, and Kathy A. Robinson (Specified Defendants) moved for summary judgment and the Twenty-First Judicial District Court, Ravalli County, [...]
Court: Montana Supreme Court Docket: 97-666