Legal Opinion

Hamilton v. Huson

Montana Supreme Court

Decided March 21, 1898PublishedCited by 8 opinions

Appeal from District Court, Fergus County. Dudley Du Bose, Judge. Action by Robert E. Hamilton against E. A. Huson and another. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtPemberton, C. J.

— Plaintiff alleges in his complaint that he is the owner, in possession, and entitled to the possession, of. three certain placer mining claims in Fergus county. He alleges that in February, 1897, the defendants wrongfully entered upon these mining claims, and cut down a large amount of timber and trees growing thereon; that they are removing the same, and threaten to continue to cut down and carry away the timber. Plaintiff asks for damages, and for a perpetual injunction restraining the defendants from cutting down and removing the timber.

The answer denies the allegations of the complaint…

2Cases cited3 opinions

  1. Belk v. MeagherSupreme Court of the United States · 1881
  2. Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
  3. McKay v. McDougalMontana Supreme Court · 1897

3Cited by8 opinions

  1. Ferris v. McNallyMontana Supreme Court · 1912
  2. King v. Pony Gold Mining Co.Montana Supreme Court · 1903
  3. In re Davis' EstateMontana Supreme Court · 1902
  4. State ex rel. Shanahan v. LindsayMontana Supreme Court · 1899
  5. Ringling v. MahurinMontana Supreme Court · 1921

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