Anaconda Copper Min. Co. v. Pilot Butte Min. Co.
Montana Supreme Court
Appeal from, District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Anaconda Copper Mining Company against the Pilot-Butte Mining Company. From an order granting an injunction pendiente lite, defendant appeals. A consolidated ownership does not change rights.
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Appeal from, District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Anaconda Copper Mining Company against the Pilot-Butte Mining Company. From an order granting an injunction pendiente lite, defendant appeals. A consolidated ownership does not change rights. The Badger State owns the vein to the point of its crossing into that claim, to-wit, 100 feet southeasterly from the southwest corner of the Emily and 571 feet southeasterly from the northwest corner of the Badger State. Where its right ends the Emily right begins. Going from the west end-line of the Emily, to the…
1Opinion
*185On Rehearing.
(Submitted January 5, 1916. Decided March 20, 1916.)
2Opinion of the CourtChief Justice Brantlt
A rehearing was granted in this case for two reasons, viz.: (1) That the court was willing to hear further argument upon the question whether the right of the plaintiff to the extra-lateral portion of the Emily or Badger vein should be bounded to the east by the plane of the line A, C, or the plane of the line B, F (Fig. 4), as was held in the original opinion; and (2) that we were in doubt as to whether, assuming as correct the conclusion that the order of the district court was too broad, we did' not too narrowly limit…
3Cases cited12 opinions
- Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.Supreme Court of the United States · 1898
- Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
- Consolidated Wyoming Gold Min. Co. v. Champion Min. Co.U.S. Circuit Court for the District of Northern California · 1894
- State ex rel. Anaconda Copper Mining Co. v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901
- Walrath v. Champion Mining Co.Supreme Court of the United States · 1898
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