Heinze v. Boston & Montana Consolidated Copper & Silver Mining Co.
Montana Supreme Court
Appeal from, District Court, Silver Sow County. William Clancy, Judge. Action by F. August Heinze against the Boston & Montana Consolidated Copper & Silver Mining Company, and by the Montana Ore Purchasing Company against the same defendant and another. From the granting of injunctions pendente lite, defendants appeal. Statement of the case by the justice delivering the opinion.
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Appeal from, District Court, Silver Sow County. William Clancy, Judge. Action by F. August Heinze against the Boston & Montana Consolidated Copper & Silver Mining Company, and by the Montana Ore Purchasing Company against the same defendant and another. From the granting of injunctions pendente lite, defendants appeal. Statement of the case by the justice delivering the opinion. In both these cases plaintiffs claim to be the owners of certain town lots in Faucett’s addition to the City of Butte, and of the ores in and under the lots, together with the streets, alleys, etc., and allege that…
1Opinion of the CourtPemberton, C. J.
These two cases were argued and submitted together, as the facts and questions presented by the records are conceded to be the same in each case.
Counsel for the appellants do not particularly complain of the action of the District Court in enjoining them, from ex*531tracting and removing ores from the ground in dispute in these cases, but insist that the court erred in restraining and preventing them from using the drifts and levels extending under the ground claimed by respondents, mentioned in the statement, for the purpose of running their cars in hauling ores, which they claim come from their…
2Cases cited1 opinion
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
3Cited by4 opinions
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1899
- Colusa Parrot Mining & Smelting Co. v. BarnardMontana Supreme Court · 1903
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1900