Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.
Montana Supreme Court
Appeal from District Court, Silver Boio County; John Lindsay, Judge. Action bv Adolph Wetzstein against the. Boston & Montana Consolidated Copper & Silver Mining Company. From a judgment in favor of defendant, plaintiff appeals. The former action does not constitute any bar to or abatement of this action; until the final determination of the former action, the plaintiff had a right to institute and- maintain this action. (Code of Civil Proe.
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Appeal from District Court, Silver Boio County; John Lindsay, Judge. Action bv Adolph Wetzstein against the. Boston & Montana Consolidated Copper & Silver Mining Company. From a judgment in favor of defendant, plaintiff appeals. The former action does not constitute any bar to or abatement of this action; until the final determination of the former action, the plaintiff had a right to institute and- maintain this action. (Code of Civil Proe. Sees. 1895, 1893; Murray v. Greene, 04 Cal. 369; Harris v. Barnhart, 91 Cal. 546, 32 Pac. 589; Naftzger v. Gregg, 99 Cal. 83; Broivn v. Campbell, 100…
1Opinion of the Court
MR' JUSTICE HOLLOWAY
delivered the opinion of the court.
This action was commenced in the district court of Silver Bow county, Montana, to secure a decree establishing plaintiffs *453title to an undivided, one-fourth, interest in the Comanche mining claim, to have the defendant declared to hold the same as trustee for the benefit of the plaintiff, to compel the conveyance of such interest to him, to secure the appointment of a receiver to work the property, an injunction to restrain defendant from converting to its own use ores taken from plaintiff’s alleged one-fourth interest in the claim, and…
2Cases cited9 opinions
- Holloway v. HollowaySupreme Court of Missouri · 1890
- Jolly v. . BryanSupreme Court of North Carolina · 1882
- Crane v. LarsenOregon Supreme Court · 1887
- Southworth v. SmithSupreme Court of Connecticut · 1858
- Kennicott v. LeavittAppellate Court of Illinois · 1890
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3Cited by12 opinions
- Ayotte v. NadeauMontana Supreme Court · 1905
- Mares v. DillonMontana Supreme Court · 1904
- Alywin v. MorleyMontana Supreme Court · 1910
- Wiegardt v. BeckenWashington Supreme Court · 1941
- Patterson v. Northern Trust Co.Appellate Court of Illinois · 1912
7 more not listed; retrieve them via the Exa API.