Montana Ore Purchasing Co. v. Butte & Boston Consolidated Min. Co.
Court of Appeals for the Ninth Circuit
On Petition for a Writ of Supersedeas Pending Appeal. The petition of the appellants set forth the commencement of the two actions in the court below by the appellee against the appellants, the first in trespass, to recover damages for the extraction of certain ores and minerals from the locus in quo, the second in equity, to restrain further trespasses; that issues were joined in both cases; that upon the petition of appellee an order of inspection and survey of the…
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On Petition for a Writ of Supersedeas Pending Appeal. The petition of the appellants set forth the commencement of the two actions in the court below by the appellee against the appellants, the first in trespass, to recover damages for the extraction of certain ores and minerals from the locus in quo, the second in equity, to restrain further trespasses; that issues were joined in both cases; that upon the petition of appellee an order of inspection and survey of the premises was' made by the court; that an appeal was taken and perfected from said order by the appellants; that the court below…
1Per curiam
The order appealed from is not final in any sense. It does not deprive the petitioners of the possession of their property in any degree. Montana Company v. St. Louis M. & M. Co., 152 U. S. 160, 14 Sup. Ct. 506, 38 L. Ed. 398. The order is not appealable. The motion for a writ of supersedeas is therefore"denied.
2Cases cited1 opinion
- Montana Co. v. St. Louis Mining & Milling Co.Supreme Court of the United States · 1894
3Cited by1 opinion
- Union Oil Co. v. Reconstruction Oil Co.California Supreme Court · 1935