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eBook details

• Title: Kunesh v. City of Gt. Falls
• Author : Supreme Court of Montana
• Release Date : January 08, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

APPEAL AND ERROR ? MUNICIPAL CORPORATIONS 1. Appeal and Error ? Extent of review. Until otherwise shown preponderantly by appellant, reviewing court would have to presume that lower courts proceedings had been regular and contained no substantial error. 2. Municipal Corporations ? Meaning of "resident freeholder." A "resident freeholder" qualified to protest annexation is one who is a resident within the area to be annexed, holding a present legal title to a freehold estate in real property located within the area to be annexed. 3. Municipal Corporations ? Residence. Resident freeholder need not reside upon his freehold to be qualified to protest annexation. 4. Municipal Corporations ? Character of residence. For purposes of statute entitling only resident freeholders to protest annexation, residence requires a union of act and intent; but if intent exists, length of occupancy is immaterial. 5. Municipal Corporations ? Controlling date. Protest date, rather than annexation date, controls in determining who are resident freeholders qualified to protest annexation.

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