Crescent Mining Co. v. Silver King Mining Co.
Utah Supreme Court
Appeal from the district court of the Third judicial circuit, Territory of Utah, Hon. W. H. King, Judge. Action by the Crescent Mining Company against the Silver King Mining Company for trespass, and to require defendant to show cause why an injunction should not be granted pending the final hearing in the action, and to temporarily restrain defendant from the acts complained of, until the hearing upon the order to show cause.
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Appeal from the district court of the Third judicial circuit, Territory of Utah, Hon. W. H. King, Judge. Action by the Crescent Mining Company against the Silver King Mining Company for trespass, and to require defendant to show cause why an injunction should not be granted pending the final hearing in the action, and to temporarily restrain defendant from the acts complained of, until the hearing upon the order to show cause. From an order granting a temporary injunction, defendant appeals^ The opinion in the case of William B. Smith et al. v. Jonah Philips, 6 Utah 876, does not disclose…
1DissentStbeet, District Judge
(dissenting):'
I concur in the judgment upon the appeal, in so far as it vacates and sets aside the interlocutory injunction, but dissent from so much of the order made as preserves the status of the parties pendente lite respecting the following *68mining claims, to wit: The JEtna, lot 196; the Hecla, lot 197; the Rebellion, lot 193., the Climax, lot 174; the Senate, lot 235; the James A. Garfield, lot 236; the Walker and Walker Extension, lot 40. The order appealed from, being analyzed, is seen to enjoin the defendant upon the following distinct matters: First, defendant is enjoined and…
2Cases cited2 opinions
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