McCarthy v. Morris

MR. JUSTICE JOHN C. HARRISON

delivered tbe Opinion of tbe Court.

This is an appeal from a verdict and judgment resulting from a jury trial in tbe fourth judicial district, county of Sanders, tbe Hon. Emmet Glore, district judge presiding.

Tbe facts giving rise to this action show that tbe Old West still lives. Tbe complaint filed by plaintiffs on September 23, 1970, charges defendant with trespass on an unpatented mining claim located in Sanders County. The prayer asked for a restraining order, an order to show why tbe restraining order should not be made permanent, and $5,000 exemplary damages.…