State ex rel. Anaconda Copper Mining Co. v. District Court of the Second Judicial District
Montana Supreme Court
Wiut of certiorari on the relation of the Anaconda Copper Mining Company, against the district court of the Second judicial district in and for the county of Silver Bow and William' Clancy, judge Thereof, to review an order allowing inspection and survey of the underground workings of a mine. STATEMENT OF TILE CASE.
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Wiut of certiorari on the relation of the Anaconda Copper Mining Company, against the district court of the Second judicial district in and for the county of Silver Bow and William' Clancy, judge Thereof, to review an order allowing inspection and survey of the underground workings of a mine. STATEMENT OF TILE CASE. On August 8, 1899, F. Augustus Iieinze filed in the district court of Silver Bow county the following petition: “Comes now F. Augustus Iieinze, and respectfully alleges and. shows to the court: That he is now, and for a long time prior hereto' has been, the lessee from the owners…
1Opinion of the CourtChief Justice Bran Tun
The order complained of was made under and by virtue of the power which, it is asserted, is vested in the district court, or a judge tliei’eof, by Section 1317 of the Code of Civil Procedure. It was contended by the petitioner in the court below and the same contention is made by the defendants in this court, that this section authorizes the court, or its judge, to require the owner of any mine to permit his neighbor, upon a showing that such owner is or has been engaged in mining and. extracting ores which may belong to the latter, or which he claims by virtue of his extralateral rights, to…
2Cases cited6 opinions
- Montana Co. v. St. Louis Mining & Milling Co.Supreme Court of the United States · 1894
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
- State ex rel. Anaconda Copper Mining Co. v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901
- Duggan v. DaveySupreme Court Of The Territory Of Dakota · 1886
- St. Louis Mining & Milling Co. v. Montana Co.Montana Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State ex rel. Interstate Lumber Co. v. District CourtMontana Supreme Court · 1918
- Gow v. MauryMontana Supreme Court · 1923
- State Ex Rel. Snidow v. State Board of EqualizationMontana Supreme Court · 1932
- Morrison v. Farmers & Traders' State BankMontana Supreme Court · 1924
- State v. BowkerMontana Supreme Court · 1922
17 more not listed; retrieve them via the Exa API.