Lee v. Watson
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Dependant’s motion to dissolve the injunction was denied by ARMSTRONG, J. Statement of the case by the justice delivering the opinion: Appeal from an order overruling a motion to dissolve an injunction issued upon the application of plaintiffs.
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Appeal from Ninth Judicial District, Gallatin County. Dependant’s motion to dissolve the injunction was denied by ARMSTRONG, J. Statement of the case by the justice delivering the opinion: Appeal from an order overruling a motion to dissolve an injunction issued upon the application of plaintiffs. Plaintiffs, by complaint filed August 15, 1892, allege: I. That on or about September 5, 1890, plaintiff Lee filed his application for a certain tract of land in Gallatin county, Montana, under the Timber Culture Act of the United States land laws; that said filing was accepted, and plaintiff paid…
1Concurrence
De Witt, J.,
concurring. — I concur in the decision and in the opinion. Furthermore, I take this opportunity to say that, in so far as this decision, and also the decisions in Sankey v. St. Mary’s Female Academy, supra, and Palmer v. Israel, 13 Mont. 209, are inconsistent with some of the expressions occurring in Heaney v. Butte & M. C. Co., 10 Mont. 590, the Heaney case must be modified in these respects. That *236case was briefed and argued on one side only, and the court was careful to say that the case was decided on its own peculiar facts. I am not even now prepared to say that the particular…
2Cases cited2 opinions
- Heaney v. Butte & Montana Commercial Co.Montana Supreme Court · 1891
- Palmer v. IsraelMontana Supreme Court · 1893