Williams v. Long

SMITH, C.

Appeal from an order refusing to dissolve a. preliminary injunction restraining the defendants “from entering in and upon the mining claim of the plaintiff [called the “Marryatt mine”], and from mining and working thereon, and from taking and removing any gold and gold-bearing earth and rock therefrom, and from in any manner trespassing thereon.”

The injunction was issued without notice on the verified complaint. The complaint is in ejectment, in the ordinary form, but alleges also, in effect, that the defendants are mining the premise's in controversy, and have removed and are…