Legal Opinion · Dissent

State v. Duran

Montana Supreme Court

Decided July 30, 1953No. 9288Published

1DissentJustice Angstman

(dissenting) :

In my opinion the word "automobile” as used in R. C. M. 1947, sec. 94-901, as amended by Chapter 126, Laws of 1949, is sufficiently broad to include a "truck,” and the district judge properly so held. The fact that a truck is classed differently from ah automobile for purposes of taxation does not militate against this view.

"A word or phrase Inay have different meanings as it is employed in different connections (Barnes v. Montana Lumber & Hardware Co., 67 Mont. 481, 216 Pac. 335), and the particular meaning to be attached to it in a given statute or constitutional provision is…

2Cases cited13 opinions

  1. Thaanum v. Bynum Irrigation DistrictMontana Supreme Court · 1925
  2. Northern Pacific Railway Co. v. Sanders CountyMontana Supreme Court · 1923
  3. Kellaher v. City of PortlandOregon Supreme Court · 1911
  4. Koser v. American Casualty Co. of ReadingSuperior Court of Pennsylvania · 1947
  5. Hoover v. National Casualty Co.Missouri Court of Appeals · 1942

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