McGregor v. Silver King Mining Co.
Utah Supreme Court
Appeal from tbe district court of the Third judicial district, Territory of Utah. Hon. W. H. King, Judge. Action by James McGregor against the Silver King Minging Company. From an order granting a temporary injunction, defendant appeals.
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Appeal from tbe district court of the Third judicial district, Territory of Utah. Hon. W. H. King, Judge. Action by James McGregor against the Silver King Minging Company. From an order granting a temporary injunction, defendant appeals. Defendant undertook to dig a trench across plaintiff’s mining lands, and justified his acts under condemnation proceedings by authority of the statute approved March 10, 1892. On the question of plaintiff’s proper remedy appellant cited: Thorn, v. Sweeney, 12 Nev. 256; High on Injunctions, sec. 13, and cases cited in note 1; Swift v. Jenhs, 19 Fed. R. 643;…
1Per curiam
The plaintiff in this case alleges that he is the owner of certain mining claims named in the complaint; that on the 16th day of October, 1895, the defendant company entered, with a large force of men, upon the mining claims of plaintiff, dug a trench thereon for the purpose *50of laying a pipe line in said trench across the surface of said claims, and threatened to maintain the same, which trespass, plaintiff claims, will ripen into an easement, canse a cloud upon plaintiff’s title, and a multiplicity of suits, unless enjoined; and asks a restraining order and judgment. The defendant files its…
2Cases cited9 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Bigelow v. Hartford Bridge Co.Supreme Court of Connecticut · 1842
- Weigel v. WalshSupreme Court of Missouri · 1870
- Thorn v. SweeneyNevada Supreme Court · 1877
- Nicodemus v. NicodemusCourt of Appeals of Maryland · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- System Concepts, Inc. v. DixonUtah Supreme Court · 1983
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
- Felsenthal v. WarringCalifornia Court of Appeal · 1919
- Seaboard All Florida Railway Co. v. UnderhillSupreme Court of Florida · 1932
4 more not listed; retrieve them via the Exa API.