Staples v. Rossi
Idaho Supreme Court
APPEAL from District Court, Elmore County. The controversy relates only to certain timber which has been, and was prior to the granting of the injunction, severed from the realty.
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APPEAL from District Court, Elmore County. The controversy relates only to certain timber which has been, and was prior to the granting of the injunction, severed from the realty. The defendants had cut certain trees from and banked them npon disputed mining claims, and they are now enjoined from removing tbe same and utilizing them, although, as we urge, the record discloses that the defendants were wholly solvent and further discloses that an action of replevin would also have afforded full and adequate relief. {Heaney v. B. & M. Co., 10 Mont. 590, 27 Pae. 379; Bridges v. Sargent, 1 Kan.…
1Opinion of the CourtQuarles, C. J.
This is an appeal from an order granting the plaintiffs a temporary injunction restraining the defendants from removing from the Golden Group placer mining claim logs cut by the defendants from trees growing thereon, which logs are now banked upon the Middle Boise river, upon said mining claim. It is contended by the appellants that the order granting said injunction was unauthorized, for the reason that the appeEants are solvent, and that a plain and adequate remedy exists in behalf of the respondents, either by action of replevin, or by action to recover damages for said timber, in the…
Also in this document: Concurrence.
2Cases cited17 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Watson v. SutherlandSupreme Court of the United States · 1867
- Gilpin v. Sierra Nevada Consolidated Mining Co.Idaho Supreme Court · 1890
- Shipley v. RitterCourt of Appeals of Maryland · 1855
- People v. O'CallaghanIdaho Supreme Court · 1886
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cox v. CoxIdaho Supreme Court · 1962
- Price v. GriceIdaho Supreme Court · 1904
- Rowland v. Kellogg Power & Water Co.Idaho Supreme Court · 1925
- Farm Service, Inc. v. United States Steel Corp.Idaho Supreme Court · 1966
- Meyer v. First National Bank of Coeur d'AleneIdaho Supreme Court · 1904
14 more not listed; retrieve them via the Exa API.