Montana Supreme Court· 10/1/1991

Kohne v. Yost

Citations

818 P.2d 360
250 Mont. 109

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

remanding for new trial when jury found neither party negligent even though defense counsel admitted in closing argument that his client was negligent in shooting BB gun
“[Statements of fact contained in a brief may be considered admissions of the party in the discretion of the district court.”
“[judicial admissions] may arise during discovery, pleadings, opening statements, direct and cross-examination, as well as closing arguments”
“[judicial admissions] may arise during discovery, pleadings, opening statements, direct and cross-examination, as well as closing arguments”
“[Attorney’s] sayings and doings in the presence of the court concerning the trial of the cause are the same as though said and done by the party himself.”
“For a judicial admission to be binding, it must be an unequivocal statement of fact.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hunt, Weber, Turnage, Harrison, Trieweiler, Gray, McDonough

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Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

3 cases in this archive are cited by this case.

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