Legal Opinion

Forrester & MacGinniss v. Boston & Montana Consol. Copper & Silver Mining Co.

Montana Supreme Court

Decided April 13, 1899No. 1,385PublishedCited by 14 opinions

Suit by James Forrester and John MacGinniss against the Boston & Montana Consolidated Copper & Silver Mining Company and others. There was a decree for plaintiffs, and defendants apply for a stay of proceedings pending appeal. Statement of the case by the Court.

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Suit by James Forrester and John MacGinniss against the Boston & Montana Consolidated Copper & Silver Mining Company and others. There was a decree for plaintiffs, and defendants apply for a stay of proceedings pending appeal. Statement of the case by the Court. The Boston & Montana Consolidated Copper & Silver Mining Company, one of the defendants, prays this Court for an order that all proceedings under a certain order appealed from, made by the District Court of Silver Bow County, be set aside and suspended pending the hearing and until the final determination of this appeal, and that the…

1Per curiam

Reserving to ourselves the right of elaborating our opinion hereafter, when the appeal is decided, we now outline our reasons for granting defendants’ motion for a stay:

In the several phases of this important litigation which have been before this Court since the first decision herein (Forrester & MacGinniss v. B. & M. C. C. & S. Mining Co., 21 Mont. 544, 55 Pac. 229), we have been closely confined in the scope of our examination by those limitations which restricted the inquiry of this Court upon prohibition and certiorcvri to the question of whether or not the lower court exceeded its…

2Cases cited8 opinions

  1. Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
  2. Hill v. FinniganCalifornia Supreme Court · 1880
  3. State ex rel. St. Louis & Kirkwood Railroad v. HirzelSupreme Court of Missouri · 1897
  4. State v. JohnsonSupreme Court of Florida · 1869
  5. Levy v. GoldbergWisconsin Supreme Court · 1876

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3Cited by14 opinions

  1. Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
  2. Little v. LittleMontana Supreme Court · 1951
  3. Taintor v. St. JohnMontana Supreme Court · 1915
  4. Forrester & MacGinniss v. Boston & Montana Consol. Copper & Silver Mining Co.Montana Supreme Court · 1904
  5. Wehrman v. MooreSupreme Court of Iowa · 1916

9 more not listed; retrieve them via the Exa API.

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