Ajax Gold Mining Co. v. Hilkey

This is what is commonly known as an apex suit. In the district court before a trial a temporary injunction was granted to- plaintiff by which defendants were restrained from removing ore from the vein in dispute, but, upon final hearing, the decision upon the merits being in favor of defendants, it was dissolved. After the appeal was lodged in this court, appellant applied here for an injunction to preserve the property in controversy during its pendency. This application was denied without prejudice, and leave granted to present the same to the district court, which,- by section 144 of the…