Legal Opinion

Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.

Montana Supreme Court

Decided February 13, 1899No. 1,315PublishedCited by 7 opinions

Appeal from District Court, Silver Bow County; William Clancy, Judge. Suit by the Montana Ore Purchasing Company against the Boston & Montana Consolidated Copper and Silver Mining Company. From an order denying a motion to dissolve a temporary injunction, and modifying the injunction, defendant appeals. Statement of the case by the Justice delivering the opinion.

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Appeal from District Court, Silver Bow County; William Clancy, Judge. Suit by the Montana Ore Purchasing Company against the Boston & Montana Consolidated Copper and Silver Mining Company. From an order denying a motion to dissolve a temporary injunction, and modifying the injunction, defendant appeals. Statement of the case by the Justice delivering the opinion. Action in damages by plaintiff (respondent) against defendant (appellant) for ores extracted from certain mineral veins, the apexes of which the plaintiff claims to have. Defendant, by answer, put in issue all material averments of…

1Opinion of the CourtHunt, J.

Defendant, on the motion to dissolve, after introducing maps showing the relative positions of the veins and claims involved, put in its evidence which consisted principally of the testimony of mining engineers who are in charge of and familiar with the workings of the Pennsylvania and other of defendant’s lode claims. From their testimony we collect the following: When this action was brought, defendant was working in No. 3 vein, as shown on the diagram, on the plane of a section 621feetfrom the Pennsylvania claim, at the point where No. 3 vein is nearest to the north side of the…

2Cases cited3 opinions

  1. Boyd v. DesrozierMontana Supreme Court · 1898
  2. Butte & Boston Consolidated Mining Co. v. Montana Ore Purchasing Co.Montana Supreme Court · 1898
  3. Heinze v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898

3Cited by7 opinions

  1. Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
  2. In Re Bank's EstateMontana Supreme Court · 1927
  3. Brion v. BrownMontana Supreme Court · 1959
  4. Hinton v. PetersonMontana Supreme Court · 1946
  5. Cummins v. CumminsMontana Supreme Court · 1921

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