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 of the Court
ME, CHIEF JUSTICE BEANTLY,
after stating tbe case, delivered tbe opinion of tbe court.
Tbe application presents three questions for determination: (1) Whether this court bas power to grant tbe relief demanded; (2) whether, if it bas, the facts shown justify its interference; and (3) whether tbe plaintiff, by asking tbe trial court to retain jurisdiction of the case for tbe purpose of protecting tbe property pending tbe appeal, bas foreclosed bis application to this court for that purpose.
1. For answer to tbe first question reference must be bad to tbe- sections of tbe constitution containing’…
2Cases cited5 opinions
- State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1886
- Bordeaux v. BordeauxMontana Supreme Court · 1902
- State ex rel. Clarke v. MoranMontana Supreme Court · 1900
- Maloney v. KingMontana Supreme Court · 1902
3Cited by41 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- City of Dallas v. WrightTexas Supreme Court · 1931
- Fraser v. ClarkMontana Supreme Court · 1954
- Finlen v. HeinzeMontana Supreme Court · 1903
- Featherman v. Granite CountyMontana Supreme Court · 1903
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