Birney v. Warren
Montana Supreme Court
Appeal from District Court, Broadwater County; F. K. Armstrong, Judge. Injunction by Charles A. Bimey against John J. Warren. From a judgment for defendant, plaintiff appeals. STATEMENT OE THE CASE.
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Appeal from District Court, Broadwater County; F. K. Armstrong, Judge. Injunction by Charles A. Bimey against John J. Warren. From a judgment for defendant, plaintiff appeals. STATEMENT OE THE CASE. The action, was. commenced by the plaintiff, Bimey, to secure an injunction restraining the defendant, Warren, from removing certain hoisting and other mining machinery and certain frame buildings from unpatented mining claims situate in Jefferson (now Broadwater) county, Montana. The plaintiff in bis complaint claims that he was at the date of the commencement of the action, April 26, 1897, the…
1Opinion of the CourtJustice Holloway
The first conclusion of law made by the court is, in our judgment, erroneous. Under Section 3672 of the Political Code, all machinery used in mining, and all property and surface improvements upon or appurtenant to mines and mining claims, which have a value separate and independent of such mines or mining claims, shall be taxed as other personal property, and, as the property in controversy comes within the purview of this section, it was properly assessed as personal property. Section 3700 of the same Code provides that the assessor must ascertain the names of all taxable inhabitants and…
2Cases cited5 opinions
- Lake County v. Sulphur Bank Quicksilver Mining Co.California Supreme Court · 1884
- Hecht v. BoughtonWyoming Supreme Court · 1881
- Dowell v. City of PortlandOregon Supreme Court · 1886
- Crawford v. SchmidtCalifornia Supreme Court · 1874
- People v. WhippleCalifornia Supreme Court · 1874
3Cited by14 opinions
- Cullen v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1913
- Larson v. PeppardMontana Supreme Court · 1909
- Quirin v. WeinbergMontana Supreme Court · 1992
- Warren v. Chouteau CountyMontana Supreme Court · 1928
- Perham v. PutnamMontana Supreme Court · 1928
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