Ervin v. Collier
Montana Supreme Court
Appeal from Fi/rst District, Jefferson County. The order appealed from was made by Servís, J. The general rule as to costs is “that equity follows the law. Appellant recovered judgment in the court below, and the costs of tbe receiver should be taxed against the respondent. The order appealed from paid the receiver out of appellants’ property. The respondent was in fault and caused the appointment of the receiver and must suffer the consequences.
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Appeal from Fi/rst District, Jefferson County. The order appealed from was made by Servís, J. The general rule as to costs is “that equity follows the law. Appellant recovered judgment in the court below, and the costs of tbe receiver should be taxed against the respondent. The order appealed from paid the receiver out of appellants’ property. The respondent was in fault and caused the appointment of the receiver and must suffer the consequences. The judgment should not be modified. The papers used on the hearing of the motion stand in place of a statement, and the record must be presumed to…
1Opinion of the CourtWade, C. J.
This case was first tried at the August term, 1875. At the ensuing term in January, 1876, a motion fora rehearing was granted and the ease has been argued and submitted at this term. A statement of the facts is necessary to present the questions which are involved. The action is an application for an injunction to stay waste, and a temporary restraining order was issued. Afterward, the appellants applied to the court for the appointment of a receiver, and alleged as a cause therefor, that the respondent continued to work the mining ground in dispute contrary to the restraining order. After…
2Cases cited2 opinions
- Hidden v. JordanCalifornia Supreme Court · 1865
- Glidden v. PackardCalifornia Supreme Court · 1865
3Cited by6 opinions
- State ex rel. Heinze v. District Court of the Second Judicial DistrictMontana Supreme Court · 1903
- Tevander v. RuysdaelCourt of Appeals for the Seventh Circuit · 1924
- Hickey v. Parrot Silver & Copper Co.Montana Supreme Court · 1905
- McHarg v. Commonwealth Finance Corp.Appellate Division of the Supreme Court of the State of New York · 1921
- United States Gypsum Co. v. Mackey Wall Plaster Co.Montana Supreme Court · 1921
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