Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.

delivered tbe opinion of tbe court.

Tbis action was brought by tbe plaintiff to obtain a decree awarding to bim an undivided oneffourtb interest in tbe Comanche lode claim (patented), situate in Silver Bow county, and for an accounting for ores extracted and removed therefrom by tbe defendant, and converted to its own use. Upon tbe filing of tbe complaint an application was made for an injunction to restrain defendant from extracting or removing ores pendente lite, and, after a bearing upon an order to show cause, tbe court made an order granting tbe injunction as prayed. From tbis order tbe…