City of Helena v. Albertose
Montana Supreme Court
Appeal from the First Judicial District, Lewis and Clarke County. At the time of the entry of the town site the parties, whose successors in interest the defendants claim tó be, were trespassers upon the public lands of the United States, having no right or title, and no incipiency of a right or title to the premises; only a potentiality under the town-site act.
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Appeal from the First Judicial District, Lewis and Clarke County. At the time of the entry of the town site the parties, whose successors in interest the defendants claim tó be, were trespassers upon the public lands of the United States, having no right or title, and no incipiency of a right or title to the premises; only a potentiality under the town-site act. That act gave them whatéver right it was possible for them to acquire, and the principle which here applies is this: When a law creates or confers a right, the regulations, forms, and condition which it prescribes for its acquisition…
1Opinion of the CourtBach, J.
—The errors of law claimed to have been made by the trial judge in admitting certain testimony against the objection of appellant must be disallowed.
There are two such errors. The first is as follows: The defendant offered in evidence a certain deed, to which counsel for plaintiff objected as follows: “I object to its introduction.” The second error is based upon an objection which was as follows : “ I object to the testimony as incompetent.” In order that objections to testimony may avail a party on appeal they must state specifically the grounds of objection, and to say that “testimony is…
2Cases cited7 opinions
- Winfield Town Co. v. MarisSupreme Court of Kansas · 1873
- Jones v. ReedWashington Supreme Court · 1891
- Ashby v. HallSupreme Court of the United States · 1886
- Walls v. PrestonCalifornia Supreme Court · 1864
- Rathbone v. SterlingSupreme Court of Kansas · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Descheemaeker v. AndersonMontana Supreme Court · 1957
- Hall v. North Ogden CityUtah Supreme Court · 1946
- State v. BlackMontana Supreme Court · 1894
- State v. MoormanMontana Supreme Court · 1958
- City of Pueblo v. BuddSupreme Court of Colorado · 1894
17 more not listed; retrieve them via the Exa API.