Nelson v. O'Neal
Montana Supreme Court
Appeal from the Third District, Lewis and Clarke County. The facts are stated in the opinion of the conrt. The judgment appealed from was rendered in the district court, in August, 1870, by Symes, J. It is admitted by the pleadings that respondents were insolvent. The jury found that the erection of the dam higher, as complained of by appellant and -threatened by respondents, would interfere with the profitable use and enjoyment of appellant’s mining ground.
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Appeal from the Third District, Lewis and Clarke County. The facts are stated in the opinion of the conrt. The judgment appealed from was rendered in the district court, in August, 1870, by Symes, J. It is admitted by the pleadings that respondents were insolvent. The jury found that the erection of the dam higher, as complained of by appellant and -threatened by respondents, would interfere with the profitable use and enjoyment of appellant’s mining ground. Appellant was entitled to an injunction to restrain respondents from erecting said dam. Ramsay v. Chandler, 3 Cal. 90. An injunction is…
1Opinion of the CourtKnowles, J.
This is an action of trespass, brought by appellant for damages for an alleged entry upon his mining ground, and erecting a dam thereon, which stopped tailings upon the said mining ground, and alleging that the respondents threatened to continue the injury, and to erect the said dam higher, and asking for an injunction to restrain them from the commission of these wrongs. Respondents deny that appellant owns the mining ground described; admit erecting the dam and the intention to erect it higher, and aver that the dam is on their own ground, and that the same was erected to prevent appellant…
2Cited by9 opinions
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