Butte & Boston Consol. Mining Co. v. Montana Ore Purchasing Co.
Montana Supreme Court
The evidence established that the defendants F. Augustas Ileinze and Arthur P. Ileinze had long prior to the commencement of this action entered into the actual occupancy of portions of the Tramway and Snohomish lode claims, which were not at the time in the occupancy of the plaintiff, or any one else, and that they had run drifts and made underground workings at much expense for the purpose of extracting ore from said claims, and were engaged in extracting ores therefrom in…
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The evidence established that the defendants F. Augustas Ileinze and Arthur P. Ileinze had long prior to the commencement of this action entered into the actual occupancy of portions of the Tramway and Snohomish lode claims, which were not at the time in the occupancy of the plaintiff, or any one else, and that they had run drifts and made underground workings at much expense for the purpose of extracting ore from said claims, and were engaged in extracting ores therefrom in their right as co-tenants thereof, under the provisions of the law of Montana designated as House Bill No. 1. That at…
1Opinion of the CourtJustice Pigott
The former opinion in this case is reported in 24 Montana, at page 125, and in 60 Pacific Reporter, at page 1039. Being-inclined to the view that, if the provisos of House Bill No. i -of the Session Laws of 1899 (Laws of 1899, page 134, hereinafter referred to) are applicable to co-tenancies created prior to the passage of that bill, the injunction was probably too broad in its terms, we granted a rehearing, and the cause has been again argued. The facts upon which the original decision was based are stated in the former opinion. The following facts are pertinent to the question which we…
2Cases cited2 opinions
- Stadler v. First National BankMontana Supreme Court · 1899
- Harrigan v. LynchMontana Supreme Court · 1898
3Cited by13 opinions
- O'Connell v. State Board of EqualizationMontana Supreme Court · 1933
- Hamilton v. HamiltonMontana Supreme Court · 1916
- Casagranda v. DonahueMontana Supreme Court · 1978
- State ex rel. Rankin v. State Board of ExaminersMontana Supreme Court · 1921
- King v. Pony Gold Mining Co.Montana Supreme Court · 1903
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