Empire Theatre Co. v. Cloke
Montana Supreme Court
Appeal from District Court, Silver Boio County, in. the Second Judicial District; J. M. Clements, a judge of the First District, presiding. Action by the Empire Theatre Company, a corporation, against Harry Cloke, Silver Bow Trades and Labor Council, and others.
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Appeal from District Court, Silver Boio County, in. the Second Judicial District; J. M. Clements, a judge of the First District, presiding. Action by the Empire Theatre Company, a corporation, against Harry Cloke, Silver Bow Trades and Labor Council, and others. From a judgment of dismissal, plaintiff appeals-. Under the equity practice, irrespective of statute, voluntary unincorporated associations of the species to which the Musicians’ Union and the Silver.Bow Trades and Labor Council belong, may be sued for injunctive relief; nor is there a doubt that an injunction may properly go against…
1Opinion of the CourtJustice Sanner
The essential facts in this case are as follows: That the plaintiff (appellant here) is a domestic corporation engaged, since *188November 20, 1914, in conducting a theater and moving-picture show on Montana Street, in the city of Butte, called the Empire Theatre, an enterprise dependent upon patronage of the public for its success; that the defendants consist of the “Musicians Mutual Union, Local No. 241, American Federation of Musicians, ’ ’ with all its members, not specially named, the Silver Bow Trades & Labor Council, with all its members, not specially named, and certain named persons…
2Cases cited4 opinions
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- Lindsay & Co. v. Montana Federation of LaborMontana Supreme Court · 1908
- Iverson v. DilnoMontana Supreme Court · 1911
- Peek v. Northern Pacific Ry. Co.Montana Supreme Court · 1915
3Cited by19 opinions
- C. S. Smith Metropolitan Market Co. v. LyonsCalifornia Supreme Court · 1940
- State v. JacksonOregon Supreme Court · 1960
- Duffy v. BUTTE TEACHERS'UNION, NUMBER 332Montana Supreme Court · 1975
- Paramount Enterprises, Inc. v. MitchellSupreme Court of Florida · 1932
- City of Reno v. Second Judicial District Court Ex Rel. County of WashoeNevada Supreme Court · 1939
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