Maloney v. King
Montana Supreme Court
ON jMctfon to Modify Pekpetual INjuNotion. Appeal from District Court, Silver Dow County; William Clancy, Judge. Action by John II. Maloney and others against Silas P. King and others. Judgment was rendered for plaintiffs, and the defendants appealed. Motion .to stay a perpetual injunction till the' determination of the appeal.
1Opinion of the CourtJustice Pigott
The defendants have appealed from a final judgment entered on the 5th day if April, 1902, which, among other things, perpetually enjoins them from entering, exploring or mining in part of a certain lode claim, and from commencing any action against the plaintiffs to protect and maintain their alleged title to the vein and ores therein, or to recover such ores, *493-They move tliau tlie judgment, in tlie particulars mentioned» be modified, and its effect suspended, pending appeal. They invoke the provision of Section 23 of the Code of Civil Procedure, authorizing the supreme court to continue in…
2Cases cited1 opinion
- Maloney v. KingMontana Supreme Court · 1902
3Cited by3 opinions
- Sena v. District Court of Fourth Judicial DistrictNew Mexico Supreme Court · 1925
- Brackman v. KruseMontana Supreme Court · 1947
- Hames v. City of PolsonMontana Supreme Court · 1949