State ex rel. Dansie v. Nolan
Montana Supreme Court
Appeal from District Court, Beaverhead County, in the Fifth Judicial District; Jeremiah J. Lynch, a Judge of the Second District, presiding. Proceeding by „ tbe State, on the relation of Parley A. Dansie, against Joseph P. Nolan, to enjoin the closing of a road. From an order dissolving a temporary restraining order and denying an injunction pendente lite, the relator appeals.
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Appeal from District Court, Beaverhead County, in the Fifth Judicial District; Jeremiah J. Lynch, a Judge of the Second District, presiding. Proceeding by „ tbe State, on the relation of Parley A. Dansie, against Joseph P. Nolan, to enjoin the closing of a road. From an order dissolving a temporary restraining order and denying an injunction pendente lite, the relator appeals. By a long and unbroken line of decisions it has been uniformly held that pursuant to the grant by the federal government in section 2477, Revised Statutes of the United States, the mere use of premises for a road over…
1Opinion of the CourtJustice Matthews
This is a special proceeding to enjoin the defendant from closing a certain road. A temporary restraining order was issued, together with an order to show cause. The defendant moved to dissolve the temporary order and to deny the injunction pendente lite, and, in connection therewith, filed an affidavit setting up the facts as he viewed them. The court held the motion in abeyance until the evidence was all in, whereupon its order was entered dissolving the temporary restraining order and denying the injunction pendente lite. From this order relator appeals.
The complaint alleges, in substance,…
2Cases cited11 opinions
- Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
- State v. AuchardMontana Supreme Court · 1898
- City of Butte v. MikosowitzMontana Supreme Court · 1909
- Highbarger v. MilfordSupreme Court of Kansas · 1905
- Moss v. GoodhartMontana Supreme Court · 1913
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3Cited by31 opinions
- Southern Utah Wilderness Alliance v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2005
- Hamerly v. DentonAlaska Supreme Court · 1961
- Kirk v. SchultzIdaho Supreme Court · 1941
- Lovelace v. HightowerNew Mexico Supreme Court · 1946
- Yeager v. ForbesWyoming Supreme Court · 2003
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