Musselshell Cattle Co. v. Woolfolk
Montana Supreme Court
Appeal from District Court, Yellowstone County; C.B. Loud, Judge. Action by the Musselshell Cattle Company against Alex. Woolfolk and another. From an order refusing to dissolve a temporary injunction, defendants appeal.
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Appeal from District Court, Yellowstone County; C.B. Loud, Judge. Action by the Musselshell Cattle Company against Alex. Woolfolk and another. From an order refusing to dissolve a temporary injunction, defendants appeal. The question presented by the record is this: “When is a person entitled to a writ of injunction to restrain a naked trespass?” Courts of equity do not ordinarily extend the harsh remedy of injunction to cases of trespass, but leave the redress of such grievances to the courts of law where originally jurisdiction in such matters was lodged. The general rule is that in order…
1Opinion of the CourtChief Justice Brantly
Appeal from an order refusing to dissolve a temporary injunction. The injunction was issued upon the verified complaint, without notice. Thereupon the defendants moved for a dissolution, on the ground that the complaint does not state facts, sufficient to entitle the plaintiff to an injunction.
*131Omitting the formal parts thereof, the complaint alleges, in substance, that the plaintiff is now, and for a long time has been, in possession and entitled to the possession of several thousand acres of land (giving a description thereof by number of section, township, and range) in Yellowstone county;…
2Cases cited9 opinions
- Buford v. HoutzSupreme Court of the United States · 1890
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Monroe v. CannonMontana Supreme Court · 1900
- Lee v. WatsonMontana Supreme Court · 1895
- Harley v. Montana Ore Purchasing Co.Montana Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Davis v. WestphalMontana Supreme Court · 2017
- Herrin v. SiebenMontana Supreme Court · 1912
- Rea Bros. Sheep Co. v. RudiMontana Supreme Court · 1912
- Thrasher v. HodgeMontana Supreme Court · 1929
- Gibbons v. HuntsingerMontana Supreme Court · 1937
8 more not listed; retrieve them via the Exa API.