Legal Opinion

Loeber v. Butte General Electric Co.

Montana Supreme Court

Decided April 8, 1895PublishedCited by 6 opinions

Appeal from, Second Judicial District, Silver Bow County. Injunction. Judgment was rendered for the plaintiff below by Speer, J. Statement of the case by the justice delivering the opinion. Injunction. The plaintiff is the owner of lots 13 and 14, in block 38, in the city of Butte. These lots are occupied by a meat market and saloon. The property abuts upon Broadway and an alley running through said block.

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Appeal from, Second Judicial District, Silver Bow County. Injunction. Judgment was rendered for the plaintiff below by Speer, J. Statement of the case by the justice delivering the opinion. Injunction. The plaintiff is the owner of lots 13 and 14, in block 38, in the city of Butte. These lots are occupied by a meat market and saloon. The property abuts upon Broadway and an alley running through said block. Plaintiff, in his complaint, says that he is the owner of a sidewalk in the rear of the brewery saloon in the alley; that the defendant, on May 26, 1893, without his consent, commenced to…

1Opinion of the CourtHunt, J.

By the admission of plaintiff, lots 13 and 14 were included in the townsite of Butte originally filed in the office of the county clerk and recorder of Deer Lodge county, Mont. It was also admitted that the townsite was entered for patent, and patented to the probate judge of Deer Lodge county, Mont., in 1877, under provision of the act of congress entitled ‘ ‘An act for the relief of the inhabitants of cities and towns upon the public lands,” approved March 2, 1867, and the acts of the legislative assembly of the territory of Montana, January 12, 1872, and July 22, 1879. It was further…

2Cases cited4 opinions

  1. Hershfield v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1892
  2. Gay v. Mutual Union Telegraph Co.Missouri Court of Appeals · 1882
  3. Johnson v. Thompson-Houston Electric Co.New York Supreme Court · 1889
  4. Electric Construction Co. v. HeffernanNew York Supreme Court · 1890

3Cited by6 opinions

  1. Keokuk Junction Railway Co. v. IES Industries, Inc.Supreme Court of Iowa · 2000
  2. Swaim v. City of IndianapolisIndiana Supreme Court · 1930
  3. Karcher v. Wheeling Electrical Co.West Virginia Supreme Court · 1923
  4. Nelson v. Provo CityCourt of Appeals of Utah · 1994
  5. Pickett v. California Pacific UtilitiesUtah Supreme Court · 1980

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