Becker v. Board of Commissioners
Montana Supreme Court
Appeal from Seventh Judicial District, Yellowstone County. Action to recover for the publication of a copy of a proposed State constitution. Judgment on demurrer was rendered for the defendant by Milbttrn, J. Statement of the case by the judge delivering the opinion.
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Appeal from Seventh Judicial District, Yellowstone County. Action to recover for the publication of a copy of a proposed State constitution. Judgment on demurrer was rendered for the defendant by Milbttrn, J. Statement of the case by the judge delivering the opinion. This action is brought by appellant to recover compensation from respondents, the commissioners of Yellowstone County, for publishing in appellant’s daily newspaper, in said county, a certified copy of a proposed constitution. Parts of sections 10 and 14, Act March 13, 1889, are as follows: “ Sec. 10. At least ten days before an…
1ConcurrenceHarwood, J.
(concurring). —■ In the case of Daniels v. Andes Ins. Co. 2 Mont. 84, considering the proper principles to govern in the construction of pleadings under the Code, the court, per Mr. Justice Servís, said: “The vigorous rale of the old common law, which construed a pleading most unfavorably to the party pleading, was most unquestionably intended to be abolished by our Code commissioners; for in section 78 they expressly provided that(in the construction oí a pleading, for the purpose of determining its effects, its allegations shall be liberally construed, with a view to substantial justice…
2Cases cited3 opinions
- United States v. WilliamsMontana Supreme Court · 1887
- Daniels v. Andes Insurance Co.Montana Supreme Court · 1874
- Sullivan v. DunphyMontana Supreme Court · 1882