Legal Opinion

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

Montana Supreme Court

Decided February 12, 1903No. 1,756PublishedCited by 2 opinions

Appeal from District Court, Silver Bov> County; D. W. Har-ney, Pudge. ActioN by the Boston & Montana Consolidated Copper & Silver Mining Company against the Montana Ore Purchasing Company and others. From an order denying an injunction, plaintiff appeals.

1Opinion of the CourtChief Justice Brantly

This action was commenced on February 28, 1899. Through inadvertence the date is given in the opinion on a former appeal (26 Mont. 146, 66 Pac. 152) as February 28, 1898. Its purpose is to recover damages for trespasses alleged to have been committed by defendant on certain portions of the Pennsylvania claim. A second cause of action is added, containing allegations showing a continued trespass tending to destroy the value of the estate, and, as equitable relief, an injunction is asked pending the action.

*433The cause has been before this court twice heretofore upon appeal. In each instance the…

2Cases cited9 opinions

  1. Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
  2. Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
  3. State ex rel. Boston & Montana Consolidated C. & S. Mining Co. v. Second Judicial District CourtMontana Supreme Court · 1899
  4. Forrester & MacGinniss v. Boston & Montana Consol. Copper & Silver Mining Co.Montana Supreme Court · 1899
  5. Cook v. ColeSupreme Court of Iowa · 1880

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3Cited by2 opinions

  1. Daniel v. ReidWashington Supreme Court · 1921
  2. Rumney v. DonovanMontana Supreme Court · 1903

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