Legal Opinion

State ex rel. Boston & Montana Consolidated Copper & Silver Mining Co. v. District Court of the Second Judicial District

Montana Supreme Court

Decided March 14, 1904No. 2,019PublishedCited by 7 opinions

Application for a writ of supervisory control by the state, on the relation of the Boston & Montana Consolidated Copper & Silver Mining Company and others, against the district court of tire Second judicial district of the state of Montana and the lion. William Clancy, judge thereof, to vacate an order adjudging* relators guilty of contempt. The following* are the diagrams referred to in the opinion: Statement of the Case. Application for writ of supervisory control.

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Application for a writ of supervisory control by the state, on the relation of the Boston & Montana Consolidated Copper & Silver Mining Company and others, against the district court of tire Second judicial district of the state of Montana and the lion. William Clancy, judge thereof, to vacate an order adjudging* relators guilty of contempt. The following* are the diagrams referred to in the opinion: Statement of the Case. Application for writ of supervisory control. This proceeding was instituted for the purpose of having vacated an order of the district court of Silver Bow county adjudging…

1Opinion of the Court

.MR. CHIEF JUSTICE BRANTLY,

after stating the case, delivered the opinion of the court..It is apparent from the foregoing statement of the contentions of the parties as to the physical facts touching the situation of the veins in controversy that there is a wide difference between them as to their relative rights. If the plaintiff^ contention be sustained, then veins 7 and 10 certainly belong to it, and the relators were properly convicted, whatever conclusion might be reached as to the ownership of vein No. 3 below the alleged union on the dip between it and the discovery vein. On the other…

2Cases cited12 opinions

  1. In Re PaschalSupreme Court of the United States · 1871
  2. Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
  3. Ex parte HollisCalifornia Supreme Court · 1881
  4. Baldwin v. HosmerMichigan Supreme Court · 1894
  5. Kleinschmidt v. BinzelMontana Supreme Court · 1894

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

3Cited by7 opinions

  1. State ex rel. Boston & Montana Consolidated Copper & Silver Mining Co. v. ClancyMontana Supreme Court · 1904
  2. Ryan v. QuinlanMontana Supreme Court · 1912
  3. State ex rel. City of Helena v. Helena Waterworks Co.Montana Supreme Court · 1911
  4. Baker v. Butte Water Co.Montana Supreme Court · 1910
  5. Sloan v. ByersMontana Supreme Court · 1908

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

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