Montana Mining Co. v. St. Louis Mining & Milling Co.
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County/ H. C. Smith, Judge. Action by the Montana Mining Company, Limited, and others, against the St. Louis Mining & Milling Company of Montana, and others. From a judgment for plaintiffs, defendants appeal. Statement oe the Case.
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Appeal from District Court, Lewis and Clarke County/ H. C. Smith, Judge. Action by the Montana Mining Company, Limited, and others, against the St. Louis Mining & Milling Company of Montana, and others. From a judgment for plaintiffs, defendants appeal. Statement oe the Case. This action was brought to recover damages upon an undertaking on injunction executed by the defendants to the plaintiffs to indemnify them in‘a suit instituted by the defendant corporation against the plaintiffs in the circuit court of the United States, on September 16, 1893. The covenant of the undertaking is as…
1Opinion of the CourtChief Justice Brantly
1. Defendants contend that the judgment of the district court is erroneous, m that the action for injunction instituted by the defendant corporation in the circuit court of the United States, wherein the undertaking in question was given, was merely ancillary to an action at law then pending in the same court, and not yet determined, the object of which is to settle a controversy between the plaintiff and defendant corporations as to the title to the mining property involved; that the purpose of the injunction suit was to preserve the property pending the determination of the question of the…
2Cases cited11 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Creek v. McManusMontana Supreme Court · 1893
- Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884
- Power v. GumMontana Supreme Court · 1886
- Clark v. ClaytonCalifornia Supreme Court · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Poulos v. Lyman Bros.Montana Supreme Court · 1922
- Bunston v. LabbittMontana Supreme Court · 1929