Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.
Montana Supreme Court
Appeal from Bisirict Court, Silver Bow County; William Clancy, Judge. ActioN by tbe -Montana Ore Purchasing Company against tbe Boston & Montana Consolidated Copper & Silver Mining Company. Prom a judgment in favor of plaintiff and an order denying a new trial, defendant appeals. Tbe equity action is ancillary to the law action originally begun and joined with it, and tbe dismissal or abatement of tbe law action ipso' facto dismissed or abated tbe equity action.
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Appeal from Bisirict Court, Silver Bow County; William Clancy, Judge. ActioN by tbe -Montana Ore Purchasing Company against tbe Boston & Montana Consolidated Copper & Silver Mining Company. Prom a judgment in favor of plaintiff and an order denying a new trial, defendant appeals. Tbe equity action is ancillary to the law action originally begun and joined with it, and tbe dismissal or abatement of tbe law action ipso' facto dismissed or abated tbe equity action. (Marlcell v. Kasson, 31 Ped. 104; Robertson v. Bingley, Mc-Cord’s Cb. 333.) Under tbe allegations and proof an action to quiet title…
1Opinion of the CourtChief Justice Beantly
This action was brought to recover damages for trespass upon a portion of the Johnstown (patented) lode mining claim, situ*296ate in Silver Bow county. In a second cause of action the plaintiff asks that its title be quieted to tlie premises in controversy, and that defendant be restrained from trespassing -pendente lite, and, upon final decree, that it be perpetually enjoined from trespassing or asserting any right or title to plaintiff’s property. Before the cause was set for trial, the plaintiff was, by leave of court, allowed to dismiss the first cause of action without prejudice. The cause…
2Cases cited40 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- Stark v. StarrsSupreme Court of the United States · 1868
- Basey v. GallagherSupreme Court of the United States · 1875
- Frost v. SpitleySupreme Court of the United States · 1887
- Castro v. BarryCalifornia Supreme Court · 1889
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3Cited by58 opinions
- Cunningham v. Northwestern Improvement Co.Montana Supreme Court · 1911
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- Chessman v. HaleMontana Supreme Court · 1905
- McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1904
- State ex rel. Nissler v. DonlanMontana Supreme Court · 1905
53 more not listed; retrieve them via the Exa API.