Ringling v. Mahurin
Montana Supreme Court
Appeal from, District Court, Meagher County, in the Fourteenth Judicial District; A. C, Spencer, a Judge for the Thirteenth District, Presiding. Action by Richard T. Ringling against M. M. Mahurin and others. From an order refusing to dissolve an injunction pendente lite, defendants appeal.
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Appeal from, District Court, Meagher County, in the Fourteenth Judicial District; A. C, Spencer, a Judge for the Thirteenth District, Presiding. Action by Richard T. Ringling against M. M. Mahurin and others. From an order refusing to dissolve an injunction pendente lite, defendants appeal. In the pleadings of the plaintiff there is no allegation whatever of insolvency on the part of defendants, and their consequent irresponsibility in damages for any possible injury which might be done by them to the mining claims in question. “Where the sole ground upon which an injunction is sought is the…
1Opinion of the CourtChief Justice Brantly
This action was brought by plaintiff on July 20, 1920, to quiet title to three unpatented mining claims situated in Meagher county, and designated as the Aubrey A, the Mary B, and the Richard T, the first two of which were located on December 14, 1918, and the last on December 21, 1918, by one Haines, predecessor of plaintiff. The complaint states a cause of action with reference to each claim in the form appropriate to present the issues usually tried in such actions. There is *44also a cause of action with reference to each claim asking injunctive relief to restrain trespasses by the…
2Cases cited22 opinions
- Butte & Superior Copper Co. v. Clark-Montana Realty Co.Supreme Court of the United States · 1919
- Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
- Ferris v. McNallyMontana Supreme Court · 1912
- Yosemite Gold Mining & Milling Co. v. EmersonSupreme Court of the United States · 1908
- Upton v. LarkinMontana Supreme Court · 1888
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3Cited by5 opinions
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- McCarthy v. MorrisMontana Supreme Court · 1972
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