Thayer v. Bellamy
Idaho Supreme Court
APPEAL from District Court, Custer County. The first point presenting itself for' consideration is the right to oppose the motion tó dissolve an injunction by affidavits. If an injunction be granted' without notice, the defendant, at any time before the trial, may ’apply to the judge who granted the injunction, or to the court in which the action is brought, 'to dissolve or modify the same.
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APPEAL from District Court, Custer County. The first point presenting itself for' consideration is the right to oppose the motion tó dissolve an injunction by affidavits. If an injunction be granted' without notice, the defendant, at any time before the trial, may ’apply to the judge who granted the injunction, or to the court in which the action is brought, 'to dissolve or modify the same. The application may he made upon the complaint, and the affidavit on which the injunction was granted, or.the answer, or upon affidavit on the papt of the defendant, with or without the answer. If the,…
1Opinion of the CourtAilshie, J.
This action was commenced May 21, 1902, by plaintiffs filing their complaint, and on the same day .they filed; the...affidavit of William H; Walker; supporting all the material allegations of the complaint. The complaint, among *3other things, alleges the citizenship of plaintiffs, ownership and right of possession of certain mining claims situated in the county of Custer, the wrongful and unlawful entry of defendants into and upon said mining claims through and by means of a tunnel run by defendants into the said mining claims of plaintiffs, and the wrongful and unlawful extracting and…
2Cases cited4 opinions
- Falkinburg v. LucyCalifornia Supreme Court · 1868
- Hiller v. CollinsCalifornia Supreme Court · 1883
- Hefflon v. BowersCalifornia Supreme Court · 1887
- Oro Fino v. CullenIdaho Supreme Court · 1867
3Cited by2 opinions
- Powell v. Springston Lumber Co.Idaho Supreme Court · 1906
- Meyer v. First National Bank of Coeur d'AleneIdaho Supreme Court · 1904