Rea Bros. Sheep Co. v. Rudi
Montana Supreme Court
Appeal from District Court, - Rosebud County; Sydney Fox, Judge. Action by the Rea Bros. Sheep Company against Nils Rudi and another, partners as Rudi Bros. From an order granting a preliminary injunction, .defendants appeal. The contentions herein urged on behalf of appellants do not in any manner conflict with or intrude upon the rule announced in Monroe v. Cannon, 24 Mont. 316, 81 Am.
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Appeal from District Court, - Rosebud County; Sydney Fox, Judge. Action by the Rea Bros. Sheep Company against Nils Rudi and another, partners as Rudi Bros. From an order granting a preliminary injunction, .defendants appeal. The contentions herein urged on behalf of appellants do not in any manner conflict with or intrude upon the rule announced in Monroe v. Cannon, 24 Mont. 316, 81 Am. St. Rep. 439, 61 Pac. 863, Musselshell Cattle Co. v. Woolf oik, 34 Mont. 126, 85 Pac. 875, “that one who knowingly and willfully drives his stock upon the land of another, though uninclosed, is guilty of…
1Opinion of the CourtChief Justice Brantly
This action was brought on October 13, 1911, to recover damages for a trespass by defendants upon lands belonging to plaintiff. Injunctive relief is also sought to restrain defendants from committing further trespasses in which it is alleged they were engaged at the time the action was commenced, and which, it is also alleged, they threatened to continue; The lands described in the complaint and alleged to belong to plaintiff consist principally of the alternate odd sections embraced within the limits of the grant made by Congress to the Northern Pacific Railroad *156(now Railway) Company in…
2Cases cited5 opinions
- Monroe v. CannonMontana Supreme Court · 1900
- Bennett Bros. v. CongdonMontana Supreme Court · 1897
- Musselshell Cattle Co. v. WoolfolkMontana Supreme Court · 1906
- Butte & Boston Consolidated Mining Co. v. Montana Ore Purchasing Co.Montana Supreme Court · 1898
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
3Cited by25 opinions
- Shammel v. Canyon Resources Corp.Montana Supreme Court · 2003
- Emery v. EmeryMontana Supreme Court · 1948
- Porter v. K & S PARTNERSHIPMontana Supreme Court · 1981
- Davis v. WestphalMontana Supreme Court · 2017
- Herrin v. SiebenMontana Supreme Court · 1912
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