Forrest H. Anderson

This case concerned whether the Montana Liquor Control Board could issue retail beer and liquor licenses for locations on the Blackfeet Indian Reservation without applicants first obtaining permits from the Blackfeet Tribe under tribal ordinance and federal law. The district court ruled that tribal permits were required, issued a writ of prohibition barring licenses to those without them, and issued a writ of mandate directing licenses for those who held tribal permits. On appeal, the Montana Supreme Court dismissed the case as moot, reasoning that the board had already complied with the writs by issuing the licenses, the recipients were operating their businesses, and no live controversy remained for review. Dissenting justices argued that the appeal should have been decided on the merits regarding state versus tribal authority over licensing.

business & regulatoryfederal powerprocedure

In Reed v. Reed, the plaintiff wife sued for separate maintenance only after a turbulent marriage, explicitly stating she did not want a divorce, while the defendant husband cross-claimed for an absolute divorce; the trial court granted the wife an absolute divorce plus temporary support payments. On appeal, the Montana Supreme Court held that the trial court lacked authority to award an absolute divorce when the plaintiff had sought only separate maintenance and did not desire dissolution of the marriage. The court reasoned that Montana statutes, unlike those in some other states, do not grant trial courts discretion to decree a divorce in such circumstances and that the plaintiff's wishes must be respected, leading to reversal of the divorce portion of the decree while affirming other aspects with modifications such as the return of certain insurance policies. Dissenting opinions argued that the evidence supported granting a divorce and that equity courts should have discretion to provide complete relief when reconciliation is impossible.

family law

This case involved a dispute over payment for the construction of a house under a contract between Time Construction Company and the Kohlstads. The plaintiff, as liquidating trustee, claimed a balance was due under a cost-plus contract with additional work, while the defendants asserted a fixed-price contract that had been fully paid. The trial court ruled in favor of the defendants, finding their version of the contract supported by the evidence, and the Montana Supreme Court affirmed this finding but modified the judgment to eliminate attorney fees, as such fees were only authorized in lien foreclosure actions, which this was not.

business & regulatoryproperty

This case involved a dispute over modification of child custody provisions in a 1952 Montana divorce decree that had awarded primary custody of a young daughter to the mother, with support payments from the father and limited visitation. In 1954 the father petitioned to change custody to himself, and the district court granted the modification after finding the mother's work schedule incompatible with providing a stable home. The Montana Supreme Court reversed, holding that the record failed to demonstrate any material change in circumstances since the original decree sufficient to justify altering custody. The court emphasized that modifications require proof of changed conditions, that the original decree is presumed to have been based on full facts known to the issuing judge, and that no such showing was made here.

family law

The case involved a worker who was injured on the job in 1951 but did not file a claim for workers' compensation until 1953, more than a year later. The Industrial Accident Board and district court denied the claim under the one-year filing deadline in R.C.M. 1947, sec. 92-601. On appeal, the Montana Supreme Court reversed, holding that the employer and insurer were equitably estopped from relying on the deadline because their representatives had told the worker and his agent that the injury was not compensable and that no claim could be filed. The court emphasized a liberal construction of the workers' compensation statute and noted that all parties initially believed the injury fell outside the Act's coverage, with no accident report filed. A dissent argued that estoppel did not apply because the worker knew the nature of his injury and there was no misrepresentation of fact.

labor & employment

The case involved Wymont Tractor & Equipment Co., which was organized in 1945 and initially paid unemployment compensation contributions at the standard 2.7% rate. After an experience rating system took effect, the company sought a refund of excess contributions for 1947-1950 on the theory that it qualified for a lower rate due to its detachment from a parent corporation, even though it had not requested redetermination within the 30-day period required by the statute. The unemployment compensation commission denied the refund, but the district court ruled in the company's favor. The Montana Supreme Court reversed, holding that the specific 30-day limit for challenging experience ratings under section 87-109 controlled over the more general three-year refund provision in section 87-138, and that failure to timely seek review barred the claim.

labor & employmentbusiness & regulatory

This case involved defendant Marvin McBane, who was charged with felony desertion of his minor children under Montana law and initially pleaded guilty in district court. After sentencing to five years in prison, McBane sought to withdraw his plea, arguing misunderstanding of the charges, possible coercion related to protecting his wife, and that his post-plea conduct improperly influenced the sentence. The Supreme Court of Montana affirmed the conviction, holding that the plea was entered voluntarily and with full understanding of the felony penalties after the trial court read the relevant statutes aloud. The court reasoned that no evidence showed mistake, duress, or misapprehension, that circumstantial evidence supported the desertion charge, and that the defendant had no right to change his plea based on subsequent events.

criminal lawfamily law

The case involved John Gleason's appeal from a conviction for violating Montana's Photographic Examiners Act, which required licensing and regulation of photographers. The Montana Supreme Court held the Act unconstitutional under the state and federal constitutions. The court reasoned that the law was arbitrary and capricious, primarily serving to create a monopoly rather than protecting public health, safety, or morals, and granted excessive discretion to the licensing board without a valid basis under the police power.

business & regulatorycriminal law

This case involved a dispute over the estate of Eli Stoian, who died intestate in Montana in 1949 leaving personal property valued over $10,000. Appellant Dan D. Vonica, a second cousin residing in the US, petitioned as administrator and claimed to be the sole heir, while attorneys for unknown nonresident heirs presented evidence that Stoian was survived by closer relatives (brothers and a nephew) who were citizens and residents of Romania. The trial court determined that the Romanian relatives were the next of kin but, on appeal, the Montana Supreme Court held that under state statutes requiring proof of reciprocal inheritance rights for nonresident aliens, no such reciprocity had been established with Romania, so the estate must escheat to Montana's public school fund (less administration costs), subject to the foreign heirs' right to bring a separate action within two years to prove reciprocity. The court reasoned that Montana law, as interpreted in prior cases like In re Giebler's Estate, conditions alien heirs' rights on reciprocity at the time of death, and absent that proof here, the property passes to the state rather than to either set of claimants.

propertyfamily law

John Kendrick was convicted of first-degree assault after a confrontation on a Montana ranch in which he shot Oney Nuhn inside a house and then fired a 30-40 rifle at the automobile carrying Henry Nuhn, Oney Nuhn, and their child as they drove away. The state relied on the shooting at the departing car to prove the assault, and the jury found Kendrick had the intent to kill. On appeal, the Montana Supreme Court affirmed the conviction and sentence, ruling that the evidence supported the jury's finding of intent despite the defendant's wounds, that claims of accident and self-defense lacked merit given the record, and that the trial court's instructions adequately addressed the defense theories.

criminal lawguns

The case involved a challenge by Daniel Bresnahan, over age 18 but under 21, to the jurisdiction of the district court to try him on an information charging attempted rape. Bresnahan petitioned for a writ of prohibition, claiming that the juvenile court had exclusive original jurisdiction under the relevant statutes over any person under 21 charged with violating state law. The Montana Supreme Court denied the writ and upheld the district court's jurisdiction, ruling that the juvenile court's authority over persons under 21 is limited to offenses committed prior to age 18. The court based its decision on the statutory text of R.C.M. 1947, sec. 10-603 and sec. 10-602, legislative history from 1943, definitions of 'child' and 'adult,' and the overall purpose of the juvenile court laws distinguishing primary jurisdiction for those under 18.

criminal law

The case involved defendant William Toner, age 72, who was charged with committing a crime against nature, convicted by a jury, and sentenced to 18 years in prison based on the jury's recommendation. On appeal, the Montana Supreme Court reversed the conviction and ordered a new trial. The court found that the prosecutor made repeated improper statements to the jury about unadmitted evidence, including references to 14 other boys who had been in the defendant's home and unsubstantiated comments about character witnesses and the defendant's prior arrests, and that the trial judge erred by overruling objections and allowing such comments, violating rules on impeachment and fair trial procedures under state law. The court distinguished this from permissible testimony about other similar acts by the complaining witness but held that the cumulative prosecutorial errors and judicial rulings deprived the defendant of a fair trial.

criminal lawprocedure

The case involved a dispute over a farm lease in Montana between plaintiff Austin T. Hempstead and defendant John Z. Allen, with other family members named as defendants. The plaintiff sought to hold the defendants liable as partners or agents under the lease and for unpaid rent after a holdover period, while defendants disputed any partnership and claimed offsets for improvements made on the property. The court decided that only John Z. Allen was liable, dismissing claims against the others due to lack of evidence establishing a partnership or agency relationship, as the lease named only Allen individually and no inquiries were made about partners. It remanded the case for re-examination of the improvements to determine appropriate offsets against rent, interpreting the lease against the drafter where uncertain.

propertybusiness & regulatoryprocedure

The case concerned a railroad company's application to the Montana Board of Railroad Commissioners to discontinue two passenger trains on a 199-mile intrastate branch line due to substantial operating losses exceeding $83,000 annually amid declining ridership. The Board denied the request after finding public convenience and necessity required continued service; the district court reversed that order as unreasonable, arbitrary, and unconstitutional under state and federal due-process provisions because the losses burdened interstate commerce. The Montana Supreme Court reversed the district court, holding that the railroad had not shown the branch-line losses affected its overall Montana operations or rendered the service confiscatory, and that evidence of public need supported upholding the Board's order under statutes requiring courts to treat such orders as prima facie reasonable.

business & regulatorypropertyfederal power