King v. Mullins
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge-. Injunction by Silas K. King and another against Pat Mullins and others. Prom an order denying the injunction, plaintiffs appeal. STATEMENT OE THE CASE. Appeal from an order denying an injunction. The action was brought to obtain a judgment against the defendants for a trespass upon a portion of the Columbia clay placer mining claim, situate in Silver Bow county.
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Appeal from District Court, Silver Bow County; William Clancy, Judge-. Injunction by Silas K. King and another against Pat Mullins and others. Prom an order denying the injunction, plaintiffs appeal. STATEMENT OE THE CASE. Appeal from an order denying an injunction. The action was brought to obtain a judgment against the defendants for a trespass upon a portion of the Columbia clay placer mining claim, situate in Silver Bow county. The complaint alleged that the defendants in April, 1901, entered upon a portion of the surface of the claim, on which there are certain shafts and excavations…
1Opinion of the Court
MR. OHIEE JUSTICE BRANTLY,
after stating the case, delivered the opinion of the court.
Under the view we take of the case, it will not be necessary to consider whether the court erred in striking out the notice. Presumably this was done upon the ground which, among others, was laid in the motion, that title cannot be acquired to *368lands under tbe mineral laws of the United States by reason of brick-clay deposits therein.
Conceding the location to be valid, and that the court should not have stricken out the notice, this, in connection with the evidence offered to show irreparable mischief,…
2Cases cited2 opinions
- Lee v. WatsonMontana Supreme Court · 1895
- Heaney v. Butte & Montana Commercial Co.Montana Supreme Court · 1891
3Cited by8 opinions
- Davis v. WestphalMontana Supreme Court · 2017
- Thrasher v. HodgeMontana Supreme Court · 1929
- Gibbons v. HuntsingerMontana Supreme Court · 1937
- Musselshell Cattle Co. v. WoolfolkMontana Supreme Court · 1906
- National Bank of Montana v. BinghamMontana Supreme Court · 1928
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