Butte & Boston Consolidated Mining Co. v. Montana Ore Purchasing Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John lindsay, Judge. Action by the Butte & Boston Consolidated Mining Company against the Montana Ore Purchasing Company and others, to recover damages for wrongful removal of ore from a mine, and to restrain its further operation. From an order dissolving a temporary restraining order and denying an injunction pendente lite, plaintiff appeals.
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Appeal from District Court, Silver Bow County; John lindsay, Judge. Action by the Butte & Boston Consolidated Mining Company against the Montana Ore Purchasing Company and others, to recover damages for wrongful removal of ore from a mine, and to restrain its further operation. From an order dissolving a temporary restraining order and denying an injunction pendente lite, plaintiff appeals. Order dissolving the restraining order affirmed, and order denying the injunction pendente lite Statement of the Case. Plaintiff brought this action for damages and injunction. A temporary restraining…
1Per curiam
1. Counsel for the defendants would have us affirm the order dissolving the temporary restraining order because the complaint made by the corporation was not verified as required by Section 872 of the Code of Civil Procedure. That section provides that an injunction order shall not be granted on the complaint alone unless (1) it be duly verified; and (2) the material allegations of the complaint, setting forth the grounds therefor, be made positively, and not upon information and belief. The material allegations of this complaint are made positively, and not upon information and belief, but…
2Cases cited5 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
- Harrigan v. LynchMontana Supreme Court · 1898
- Connole v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
- Red Mountain Consolidated Mining Co. v. EslerMontana Supreme Court · 1896
3Cited by14 opinions
- Dawson v. TobinNorth Dakota Supreme Court · 1946
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1901
- Scentry Biologicals, Inc. v. Mid-Continent Casualty Co.Montana Supreme Court · 2014
- Ayotte v. NadeauMontana Supreme Court · 1905
- Gregory v. CockrellSupreme Court of Arkansas · 1929
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