Anaconda Copper Mining Co. v. Butte & Boston Mining Co.
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow Qownty. Action for an injunction to restrain mining upon the disputed portion of a vein, and for damages. Plaintiff’s application for a temporary injunction Was granted by Speer, J. Statement of the case by the justice delivering the opinion. This is an appeal from an order of the district court, granting a temporary injunction in favor of plaintiff and against defendant pending the final determination of the case.
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Appeal from Second Judicial District, Silver Bow Qownty. Action for an injunction to restrain mining upon the disputed portion of a vein, and for damages. Plaintiff’s application for a temporary injunction Was granted by Speer, J. Statement of the case by the justice delivering the opinion. This is an appeal from an order of the district court, granting a temporary injunction in favor of plaintiff and against defendant pending the final determination of the case. Each party is a mining company operating m the Butte district. The plaintiff owns an undivided three-fourths interest in the Wild…
1Opinion of the CourtDe Witt, J.
There was very little testimony taken upon the hearing of the motion. The court, in its order, found, as best it could from what testimony there was, the point where the vein crossed, the common side line between the claims, and enjoined the defendant from working on the dip of the vein westerly from the point so found. The controversy of fact in this case appears from the pleadings to be whether the vein from which the defendant is alleged to have taken the ore has its apex in the Wild Bill or the Grey Rock ground. Of course, this question of fact could not be, and was not expected to be,…
2Cases cited9 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- McCord v. Oakland Quicksilver Mining Co.California Supreme Court · 1883
- Dougherty v. CrearyCalifornia Supreme Court · 1866
- Hawkins v. Spokane Hydraulic Mining Co.Idaho Supreme Court · 1891
- Nolan v. LovelockMontana Supreme Court · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Shammel v. Canyon Resources Corp.Montana Supreme Court · 2003
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
- Eisenberg v. GoldsmithMontana Supreme Court · 1911
- Ayotte v. NadeauMontana Supreme Court · 1905
21 more not listed; retrieve them via the Exa API.