Montana § 1-4-101 Role Of The Judge -- Preference To Construction Giving Each Provision Meaning

Montana Statutes

§ 1-4-101 — Role Of The Judge -- Preference To Construction Giving Each Provision Meaning

Montana § 1-4-101

Title 1GENERAL LAWS AND DEFINITIONS

Ch. 4INTERPRETATION OF INSTRUMENTS

Part 1General Provisions

This text of Montana § 1-4-101 (Role Of The Judge -- Preference To Construction Giving Each Provision Meaning) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 1-4-101 (2026).

Text

1-4-101 . Role of the judge -- preference to construction giving each provision meaning. In the construction of an instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted or to omit what has been inserted. Where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.

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1-4-101 . Role of the judge -- preference to construction giving each provision meaning. In the construction of an instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted or to omit what has been inserted. Where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.

Legislative History

En. Sec. 612, p. 198, L. 1877; re-en. Sec. 612, 1st Div. Rev. Stat. 1879; re-en. Sec. 630, 1st Div. Comp. Stat. 1887; re-en. Sec. 3134, C. Civ. Proc. 1895; re-en. Sec. 7875, Rev. C. 1907; re-en. Sec. 10519, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1858; re-en. Sec. 10519, R.C.M. 1935; R.C.M. 1947, 93-401-15(part).