Clemmons v. Gillette
Montana Supreme Court
Appeal from District Court, Lewis & Clark County; J. M. Clements, Judge. Action by William Clemmons against Warren C. Gillette and George K. Reeder. From an order of tbe district court refusing to dissolve an injunction pendente lite, defendants appeal. In tbe matter of a motion to dissolve an injunction tbe moving party takes the burden of proof. He is -tbe actor and must make an affirmative showing on bis motion.
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Appeal from District Court, Lewis & Clark County; J. M. Clements, Judge. Action by William Clemmons against Warren C. Gillette and George K. Reeder. From an order of tbe district court refusing to dissolve an injunction pendente lite, defendants appeal. In tbe matter of a motion to dissolve an injunction tbe moving party takes the burden of proof. He is -tbe actor and must make an affirmative showing on bis motion. A motion to dissolve an injunction, when tbe only question involved is a question of law, is rarely, if ever, entertained by tbe court, for tbe reason that tbe same question could…
1Opinion of the CourtChief Justice Brantly
This cause is before this court on appeal from an order of the district court of Lewis and Clark county, refusing to dissolve an injunction pendente lite. The writ was issued upon the verified complaint alone, which states three causes of action, namely, for a trespass alleged to have been committed by the defendants in the summer of 1903; for a like trespass committed in the winter of 1903 and 1904; and for an injunction to restrain further trespasses, which it is alleged are threatened, until the rights of the parties may be finally adjudged.
The plaintiff in his third cause of action…
2Cases cited6 opinions
- Buford v. HoutzSupreme Court of the United States · 1890
- United States v. Montana Lumber & Manufacturing Co.Supreme Court of the United States · 1905
- Monroe v. CannonMontana Supreme Court · 1900
- Linn v. ScottTexas Supreme Court · 1848
- Medley v. RobertsonCalifornia Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Herrin v. SiebenMontana Supreme Court · 1912
- Makemson v. DillonNew Mexico Supreme Court · 1918
- Clearwater Timber Co. v. Shoshone CountyU.S. Circuit Court for the District of Idaho · 1907
- Hardman v. KingWyoming Supreme Court · 1906
- Northern Pacific Railway Co. v. SmithMontana Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.