Finlen v. Heinze
Montana Supreme Court
Appeal from District Court, Silver Bow County; B. W. Har-ney, Judge. • ActioN by Miles Finlen against F. Augustus Heinze and others. From a judgment in favor of defendants, plaintiff appeals, and asks for an injunction to preserve the subject to litigation pending appeal. STATEMENT OE TIIE CASE.
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Appeal from District Court, Silver Bow County; B. W. Har-ney, Judge. • ActioN by Miles Finlen against F. Augustus Heinze and others. From a judgment in favor of defendants, plaintiff appeals, and asks for an injunction to preserve the subject to litigation pending appeal. STATEMENT OE TIIE CASE. This is an action in the nature of ejectment, in which the plaintiff seeks to recover possession of the Minnie Healy lode mining claim, situate in the Summit Y alley mining district, Silver Bow county, together with damages for ores removed therefrom by the defendants. Pursuant to an application made…
1Opinion
ON Motion eoe Eeheabing.
ME. CHIEF JUSTICE BEANTLY
delivered tbe opinion of tbe court.
Immediately after tbe original opinion was filed in tbis canse, in July of tbis year, counsel for tbe defendants filed a motion for a rebearing. Tbis motion was, after argument and further consideration of tbe questions involved, denied; Mr. Justice Milbuen dissenting. The time for the summer vacation having arrived, it was not practicable for tbe court to reduce to writing additional reasons in support of tbe conclusions announced in the former opinion. While a majority of tbe court deemed tbe reasons for its…
2Cases cited13 opinions
- Durousseau v. United StatesSupreme Court of the United States · 1810
- Perris v. HigleySupreme Court of the United States · 1874
- United States v. Benjamin More. 1Supreme Court of the United States · 1805
- Wiscart v. DauchySupreme Court of the United States · 1796
- Chumasero v. PottsMontana Supreme Court · 1875
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