Legal Opinion

Maloney v. King

Montana Supreme Court

Decided May 5, 1902No. 1,813PublishedCited by 5 opinions

Application eok Stay of Peooeedings. Appeal from- Dish-id Court, Silver Bow County; William Clancy, Judge. Action by -Fames IL Maloney and others against Silas E. •King and others. From an order restraining defendants from entering or mining on a certain claim, they appealed. Application for stay of proceedings pending appeal.

1Opinion of the Court

MR. JUSTICE 1MGOTT

delivered the opinion of the court.

The defendants have appealed from an injunction order pendente lite, entered on the 1st day of March, restraining them from entering or mining in part of a certain lode claim, title to which is asserted by the defendants, and from commencing any suit against the plaintiffs with reference to the carry*488ing on of mining', or the breaking or removal of ore therefrom by the plaintiffs, and from interfering with them, in the mining, transportation, and disposal of such ores. In form the injunction is prohibitory. They noov apply to this court for…

2Cases cited3 opinions

  1. Schwarz v. Superior CourtCalifornia Supreme Court · 1896
  2. Stewart v. Superior Court of San Diego Cty.California Supreme Court · 1893
  3. Bullion, Beck & Champion Mining Co. v. Eureka Hill Mining Co.Utah Supreme Court · 1887

3Cited by5 opinions

  1. Finlen v. HeinzeMontana Supreme Court · 1902
  2. Sena v. District Court of Fourth Judicial DistrictNew Mexico Supreme Court · 1925
  3. Maloney v. KingMontana Supreme Court · 1902
  4. Brackman v. KruseMontana Supreme Court · 1947
  5. Hames v. City of PolsonMontana Supreme Court · 1949

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