Legal Opinion

State v. Bush

Montana Supreme Court

Decided December 22, 1915No. 3,548PublishedCited by 14 opinions

Appeal from District Court, Silver Bow County; John B. Mc-Glernan, Judge. Proceedings by Joseph A. Bush and others to determine their heirship to an estate claimed by the state under an escheat for want of heirs. From a judgment for claimants and from an order denying the state a new trial, the state appeals. “The right to use depositions in evidence is regulated by statute, and none are admissible in the trial of issues of fact unless under some positive provision of law.”

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Appeal from District Court, Silver Bow County; John B. Mc-Glernan, Judge. Proceedings by Joseph A. Bush and others to determine their heirship to an estate claimed by the state under an escheat for want of heirs. From a judgment for claimants and from an order denying the state a new trial, the state appeals. “The right to use depositions in evidence is regulated by statute, and none are admissible in the trial of issues of fact unless under some positive provision of law.” (Cunningham v. Hall, 4 Allen (86 Mass.), 268.) It was held in this case that a deposition taken to be used in the United…

1Opinion of the CourtJustice Sanner

Charles Colbert, late of Butte, died intestate on February 14, 1901. He left considerable property, but no wife, child, parent, brother, sister, uncle or aunt him surviving. The present proceeding was initiated in the matter of his estate pending in the district court of Silver Bow county, under sections 7670 to 7672, Revised Codes, the respondents claiming to be heirs of said decedent, as the son of Nancy Cross Colbert, late of New York and Pennsylvania. The trial court, sitting without a jury, found and adjudged in accordance with the respondents’ claim, and from that judgment, as well as…

2Cases cited11 opinions

  1. Bordeaux v. BordeauxMontana Supreme Court · 1905
  2. Jones v. JonesCourt of Appeals of Maryland · 1876
  3. Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
  4. Byers Bros. v. WallaceTexas Supreme Court · 1894
  5. People v. RatzCalifornia Supreme Court · 1896

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Gravelin v. PorierMontana Supreme Court · 1926
  2. In Re Wray's EstateMontana Supreme Court · 1933
  3. Gray v. GrantMontana Supreme Court · 1922
  4. Welch v. All PersonsMontana Supreme Court · 1927
  5. Damm v. DammMontana Supreme Court · 1928

9 more not listed; retrieve them via the Exa API.

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