Butte Consolidated Mining Co. v. Frank
Montana Supreme Court
ON MOTION TO DISMISS APPEAL. Appeal from District Court, Silver Bow County, William Clancy,„ Judge. Injunction by the Butte Consolidated Mining Company against Louis Frank and another. From an order refusing to modify an interlocutory injunction, defendants appeal.
1Opinion of the CourtJustice Pigott
delivered tbe opinion of the Court.
This is an appeal by the defendants from an order refusing to modify an interlocutory injunction. The plaintiff moves a dismissal of the appeal upon the ground that it is an attempted appeal from an order refusing to modify an appealable order.
The facts pertinent to the pending motion may be thus *508epitomized: The plaintiff owns the Bordeaux placer, a nonpaten ted mining claim, and sued to obtain an injunction restraining the defendants from trespassing upon and extracting or removing ore or minerals therefrom, or prosecuting any-mining or development work…
2Cases cited4 opinions
- Sharman v. HuotMontana Supreme Court · 1898
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1898
- Blue Bird Mining Co. v. MurrayMontana Supreme Court · 1890
- State ex rel. Hickey v. Second Judicial District CourtMontana Supreme Court · 1900
3Cited by7 opinions
- Labbitt v. BunstonMontana Supreme Court · 1927
- In re Kelly's EstateMontana Supreme Court · 1904
- McDermott v. American Bonding Co.Montana Supreme Court · 1919
- State Ex Rel. Public Service Commission v. District CourtMontana Supreme Court · 1936
- Winnett Pacific Oil Co. v. WilsonMontana Supreme Court · 1924
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