Boston & Montana Consolidated Copper & Silver Mining Co. v. Montana Ore Purchasing Co.
Montana Supreme Court
Appeal from District Court, Silver Bow Conmty; John Lindsay, Judge. Action by the Boston and Montana Consolidated Copper and Silver Mining Company against the Montana Ore Purchasing Company and others. Erom an order denying' plaintiff’s application for an injunction pendente lite, plaintiff appeals. The introduction in evidence of the pleadings and of the judgment and decree was plainly error.
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Appeal from District Court, Silver Bow Conmty; John Lindsay, Judge. Action by the Boston and Montana Consolidated Copper and Silver Mining Company against the Montana Ore Purchasing Company and others. Erom an order denying' plaintiff’s application for an injunction pendente lite, plaintiff appeals. The introduction in evidence of the pleadings and of the judgment and decree was plainly error. This judgment was made and entered February 14, 1900, and the hearing at which the same was introduced was had May 16, 1900, before the time for appeal from said judgment had expired, and until such…
1Opinion of the CourtJustice Milburn
This is an appeal by the plaintiff from the order of the district court of the Second judicial district, made May 16, 1900, denying an injunction pendente lite. The action was commenced February 28, 1898, by appellant, who .alleged that defendants trespassed upon certain portions of the Pennsylvania lode claim, extracted ore of the reasonable value of $50,000, and -would continue to trespass unless enjoined. Answer was filed admitting entry beneath the surface of said claims and extraction of ore, but setting up ownership of the ore because of ownership in veins apexing in adjoining claims…
2Cases cited2 opinions
- Naftzger v. GreggCalifornia Supreme Court · 1893
- Smith v. SmithCalifornia Supreme Court · 1901
3Cited by5 opinions
- Contra Costa Water Co. v. City of OaklandU.S. Circuit Court for the District of Northern California · 1904
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1901
- Boston & Montana Consolidated Copper & Silver Mining Co. v. Montana Ore Purchasing Co.Montana Supreme Court · 1903
- Boucher v. BarsalouMontana Supreme Court · 1902
- Stevens v. MyersOregon Supreme Court · 1912