Klein v. Davis
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Action for damages and injunction. Temporary restraining order dissolved by Buck, J. Statement of the case by the judge delivering the opinion. On the complaint filed, the plaintiffs obtained from the judge of the District Court a temporary restraining order. The -defendants moved to discharge the order, on affidavits by them filed, and on the complaint.
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Appeal from First Judicial District, Lewis and Clarice County. Action for damages and injunction. Temporary restraining order dissolved by Buck, J. Statement of the case by the judge delivering the opinion. On the complaint filed, the plaintiffs obtained from the judge of the District Court a temporary restraining order. The -defendants moved to discharge the order, on affidavits by them filed, and on the complaint. The order was discharged, from which plaintiffs appeal to this court. It appears from the complaint that the plaintiffs are the owners of certain premises lying in a gulch, which,…
1Opinion of the CourtDe Witt, J.
An important question has been presented by-counsel; that is to say, whether the right to dump tailings being granted to defendants, such grant included the right to run a bed-rock flume across the dumping ground; such flume, it being claimed by defendants, was necessary to the exercise of the right to dump tailings. This question is interesting, and largely the gist of the case, and, as it seems to us, should be determined upon a full investigation of the facts, and the nature, character, and proposed uses of the flume. This could be done upon a trial. The matter is now before us only on the…
2Cases cited3 opinions
- Atchison v. PetersonMontana Supreme Court · 1872
- Blue Bird Mining Co. v. MurrayMontana Supreme Court · 1890
- Nelson v. O'NealMontana Supreme Court · 1871
3Cited by4 opinions
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
- Atkinson v. Roosevelt CountyMontana Supreme Court · 1923
- Colusa Parrot Mining & Smelting Co. v. BarnardMontana Supreme Court · 1903
- Cotter v. CotterMontana Supreme Court · 1895