Parsons v. Mussigbrod
Montana Supreme Court
Appeal from District Court, Beaverhead County; Joseph C. Smith, Judge. Action by Gf. H. Parsons and W. E. Parsons, copartners doing business under the firm name and style of Parsons & Parsons, and others, against H. S. Mussigbrod and others. From an order granting an injunction pendente lite, defendants appeal.
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Appeal from District Court, Beaverhead County; Joseph C. Smith, Judge. Action by Gf. H. Parsons and W. E. Parsons, copartners doing business under the firm name and style of Parsons & Parsons, and others, against H. S. Mussigbrod and others. From an order granting an injunction pendente lite, defendants appeal. The defendants maintain that the issuance of the injunction order as granted was unauthorized, either in fact or in law, that the injunction order issued herein was based upon the fears, apprehensions, conjectures or possibilities of what might thereafter occur, and that it was an…
1Opinion of the CourtJustice Galen
This is an appeal from an order granting an injunction pendente lite involving the waters of Mussigbrod Greek, in Beaverhead county.
The complaint describes the lands owned by the plaintiffs [1] respectively, and sets forth the water rights appurtenant thereto claimed by each of them; that their rights are superior to those of the defendants, and that the defendants “at divers and sundry times in the year 1919 and in the month of May, 1920. * * # did wrongfully divert said waters and deprive the plaintiffs,” and each of them, “from using said waters to which they are entitled.” The complaint…
2Cases cited13 opinions
- Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
- Bennett Bros. v. CongdonMontana Supreme Court · 1897
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
- Connole v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
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3Cited by9 opinions
- Porter v. K & S PARTNERSHIPMontana Supreme Court · 1981
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- Atkinson v. Roosevelt CountyMontana Supreme Court · 1923
- Thrasher v. HodgeMontana Supreme Court · 1929
- Stalcup v. Cameron Ditch Co.Montana Supreme Court · 1956
4 more not listed; retrieve them via the Exa API.