Safford v. Flemming
Idaho Supreme Court
APPEAL from the District Court of First Judicial District for Shoshone County. Hon. Ralph T. Morgan, Judge. Action to quiet title to mining claim and for injunction pendente lite. The trial court refused to grant an injunction pendente lite. It has been the practice in the mining states to be liberal in the granting of injunctive relief in mining litigation, in order that one party might not be placed in worse position during the litigation.
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APPEAL from the District Court of First Judicial District for Shoshone County. Hon. Ralph T. Morgan, Judge. Action to quiet title to mining claim and for injunction pendente lite. The trial court refused to grant an injunction pendente lite. It has been the practice in the mining states to be liberal in the granting of injunctive relief in mining litigation, in order that one party might not be placed in worse position during the litigation. (Lindley’s Law of Mines, 2d ed., sec. 872; Hunt v. Steese, 75 Cal. 620, 17 Pac. 920; Silver Peak Mines v. Hanchett, 93 Fed. 76.) Like bills of quia…
1Opinion of the CourtSullivan, J.
This is an appeal from an order refusing an injunction pendente lite and dissolving a temporary restraining order issued at the time of filing complaint. The *273complaint was filed July 28, 1906, and the restraining order was issued upon the complaint, together with the affidavit of J. L. Safford, one of the plaintiffs, and made returnable August 10, 1906. On the latter date, the defendants appeared and filed their answer and their joint affidavit. They denied the allegations of the complaint and of the affidavit of J. L. Safford, and the court thereafter, on September 3d, made an order…
2Cases cited5 opinions
- Buskirk v. KingCourt of Appeals for the Fourth Circuit · 1896
- Gilpin v. Sierra Nevada Consolidated Mining Co.Idaho Supreme Court · 1890
- Hess v. WinderCalifornia Supreme Court · 1867
- Silver Peak Mines v. HanchettU.S. Circuit Court for the District of Nevada · 1899
- King v. CampbellU.S. Circuit Court for the District of Western Virginia · 1898
3Cited by5 opinions
- Wayne v. AlspachIdaho Supreme Court · 1911
- Castelbury v. HarteIdaho Supreme Court · 1908
- Miller v. ScogginWyoming Supreme Court · 1948
- Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913
- Gilbert v. ElderIdaho Supreme Court · 1943