Craver v. Stapp
Montana Supreme Court
Appeal from District Court, Beaverhead County; M. H. Parker, Judge. INJUNCTION by Plora E. Craver against I. B. Stapp'. Prom an order dissolving an interlocutory injunction, tbe plaintiff appeals. Subdivision II, Sec. 871, Code of Civil Procedure, provides for tbe granting and issuance of an injunction where great or irreparable injury would result. It might be argued that the-acts of tbe respondent were only trespasses and an action at law7 would be tbe proper remedy.
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Appeal from District Court, Beaverhead County; M. H. Parker, Judge. INJUNCTION by Plora E. Craver against I. B. Stapp'. Prom an order dissolving an interlocutory injunction, tbe plaintiff appeals. Subdivision II, Sec. 871, Code of Civil Procedure, provides for tbe granting and issuance of an injunction where great or irreparable injury would result. It might be argued that the-acts of tbe respondent were only trespasses and an action at law7 would be tbe proper remedy. Trespasses, where frequent, wanton or continued, will be restrained where the injury is great or irreparable, or tbe…
1Opinion of the Court
MP. JUSTICE PIGOTT
delivered the opinion of the court.
On June 12, 1901, upon the verified complaint on file in the action, the judge at chambers made an interlocutory injunction order restraining the defendant from interfering with land upon which the plaintiff alleged she had entered under the Desert- Land Act of Congress, and from occupying or using it, and requiring the'defendant to remain away from the land. On the 27th day of June the defendant moved the court to- dissolve the injunction. The hearing was had on the complaint, answer, and affidavits. On July 9 the judge below ordered the *316in…
2Cases cited1 opinion
- Maloney v. KingMontana Supreme Court · 1901
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