Boyd v. Desrozier
Montana Supreme Court
Appeal from District Court, Silver Row County. William Clancy, Judge. Action by Anna L. Boyd against Austin Desrozier and others. From an order granting an injunction pendente lite, defendants appeal. The defendants, in their answer, set up a paramount title to the property, and deny plaintiff’s title in toto. Under our statutes, an injunction may be granted to restrain some act, during the litigation, which would produce great or irreparable injury.
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Appeal from District Court, Silver Row County. William Clancy, Judge. Action by Anna L. Boyd against Austin Desrozier and others. From an order granting an injunction pendente lite, defendants appeal. The defendants, in their answer, set up a paramount title to the property, and deny plaintiff’s title in toto. Under our statutes, an injunction may be granted to restrain some act, during the litigation, which would produce great or irreparable injury. (Code of Civil Procedure, § 871.) “The sole object of an interlocutory injunction is to preserve the subject in controversy in its then…
1Opinion of the CourtPigott, J.
Appeal by defendants from an order of the court below granting an injunction pendente lite.
Plaintiff alleged in her complaint (filed August 10, 1897) ownership of, and right of possession to, the Blue Gulch placer mining claim, situate in Silver Bow county, the wrongful entry and taking possession by defendants about June 1, 1897, and their continued possession and mining of the same, and extraction of gold dust therefrom, and prayed for the recov ery of possession of the claim, and for damages. With the complaint was filed an affidavit of the plaintiff, reiterating its allegations, and…
Also in this document: Concurrence.
2Cases cited2 opinions
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
- Palmer v. IsraelMontana Supreme Court · 1893
3Cited by8 opinions
- Thrasher v. HodgeMontana Supreme Court · 1929
- Maloney v. KingMontana Supreme Court · 1901
- Union Central Life Insurance v. AudetMontana Supreme Court · 1933
- Halla v. RogersCourt of Appeals for the Ninth Circuit · 1910
- Lowery v. ColeMontana Supreme Court · 1913
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