Legal Opinion

Allen v. Ajax Mining Co.

Montana Supreme Court

Decided June 13, 1904No. 2,069PublishedCited by 7 opinions

Appeal from District Court, Lewis and Clarke County; J. M. Clements, Judge. Suit by Otis R. Allen against the Aj ax Mining Company and others. Erolm a judgment in favor of plaintiff, defendants appeal. It is evident that the lower court in granting the injunction complained of herein had in mind and followed the decision of this court in Forrester v. Boston cG Montana, Gonsol. Min.

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Appeal from District Court, Lewis and Clarke County; J. M. Clements, Judge. Suit by Otis R. Allen against the Aj ax Mining Company and others. Erolm a judgment in favor of plaintiff, defendants appeal. It is evident that the lower court in granting the injunction complained of herein had in mind and followed the decision of this court in Forrester v. Boston cG Montana, Gonsol. Min. Go., 21 Mont. 544, and it must he conceded that if said decision states the law as it now exists in this state, the action of the lower court under the facts presented in respondent’s complaint was correct.…

1Opinion of the Court

ME. JUSTICE, HOLLOWAY

delivered the opinion of the court.

On May 3, 1904, the respondent, as plaintiff, commenced an action in the district court- of Lewis and Clarke county, the object of which was to- secure an injunction restraining the defendants from disposing of certain mining property belonging *500to the defendant, Ajax Mining* Company, a Montana corporation, to the National Prospecting & Development Company, a Neiv Jersey corporation. The defendants Babcock, Marlow, Larson, Tracy and Smith own and'control 81,900 shares of the outstanding capital stock of the Ajax Mining Company, that being…

2Cases cited11 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. Sinking-Fund CasesSupreme Court of the United States · 1879
  3. Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884
  4. Looker v. MaynardSupreme Court of the United States · 1900
  5. Forrester v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Barth v. PockMontana Supreme Court · 1915
  2. Mid-Northern Oil Co. v. WalkerMontana Supreme Court · 1922
  3. Diamond v. Parkersburg-Aetna Corp.West Virginia Supreme Court · 1961
  4. Somerville v. St. Louis M. & M. Co.Montana Supreme Court · 1912
  5. Germer v. Triple-State Natural Gas & Oil Co.West Virginia Supreme Court · 1906

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