Legal Opinion

Colusa Parrot Mining & Smelting Co. v. Barnard

Montana Supreme Court

Decided April 11, 1903No. 1,786PublishedCited by 6 opinions

Appeal from District Court, Silver Bow County; William Clancy, Judge. Suit by the Colusa Parrot Mining & Smelting Company against A. W. Barnard and others. Prom an order refusing an injunction pendente lite, plaintiff appeals. The deed of a corporation, signed by its proper officers and Paving the seal of the corporation, is admissible in evidence without further proof.

Read the full summary

Appeal from District Court, Silver Bow County; William Clancy, Judge. Suit by the Colusa Parrot Mining & Smelting Company against A. W. Barnard and others. Prom an order refusing an injunction pendente lite, plaintiff appeals. The deed of a corporation, signed by its proper officers and Paving the seal of the corporation, is admissible in evidence without further proof. (Crescent City, etc., Co. v. Simpson, *17 Cal. 286; Bliss v. Kaweah C. <& I. Co-., 65 Cal, 502; Miners' Ditch Co-, v. Zellerbach, 37 Cal. 543; Underhill v.. Santa Barbara, etc., Co., 93 Cal. 300.) The exclusion of proper…

1Opinion of the Court

MB. OOMMISSIO'NEB OLAYBEBG

prepared tbe opinion for tbe court.

This is an appeal from an order refusing to grant an injunction pendente lite restraining respondents from interfering with appellant’s use of tbe waters of Blaektail Deer creek, in Silver Bow county, Montana, to which appellant alleges it has - the prior right.

TJnder tbe former decisions of this court tbe principal question for consideration is whether, upon tbe evidence introduced at the bearing, tbe court below manifestly abused its discretion in refusing tbe injunction applied for. (Craver v. Stapp, 26 Mont. 314, 67 Pac. 937;…

2Cases cited10 opinions

  1. Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
  2. Montana Ore Purchasing Co. v. Butte & Boston Consolidated Mining Co.Montana Supreme Court · 1901
  3. Maloney v. KingMontana Supreme Court · 1901
  4. Blue Bird Mining Co. v. MurrayMontana Supreme Court · 1890
  5. Nelson v. O'NealMontana Supreme Court · 1871

5 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Shammel v. Canyon Resources Corp.Montana Supreme Court · 2003
  2. Bovee v. HellandMontana Supreme Court · 1916
  3. Lunardello v. Republic Coal Co.Montana Supreme Court · 1935
  4. Brunnabend v. TibblesMontana Supreme Court · 1926
  5. Graham v. Superior MinesMontana Supreme Court · 1935

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API