Legal Opinion

Heaney v. Butte & Montana Commercial Co.

Montana Supreme Court

Decided June 15, 1891PublishedCited by 5 opinions

Appeal from Eighth Judicial District, Cascade County. 1 ■ The orders granting and refusing to dissolve the injunction were made by Benton, J. Statement of the case by the judge delivering the opinion. The action is for damages and injunction. The wrong complained of is that defendant entered upon the land of plaintiffs, trespassed upon the same, and cut down the trees upon the land. An injunction was issued upon the complaint.

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Appeal from Eighth Judicial District, Cascade County. 1 ■ The orders granting and refusing to dissolve the injunction were made by Benton, J. Statement of the case by the judge delivering the opinion. The action is for damages and injunction. The wrong complained of is that defendant entered upon the land of plaintiffs, trespassed upon the same, and cut down the trees upon the land. An injunction was issued upon the complaint. That pleading sets forth the following facts material to this inquiry: — The plaintiffs are the owners, and at the time of the commission of the alleged wrongs were in…

1Opinion of the CourtDe Witt, J.

A trespass, as such, is not subject to the control of a court of equity, by injunction. (Stevens v. Beekman, 1 Johns. Ch. 317; Livingstone v. Livingstone, 6 Johns. Ch. 497; 10 Am. Dec. 353; Jerome v. Ross, 7 Johns. Ch. 315; 11 Am. Dec. 484; Shipley v. Ritter, 7 Md. 408; 61 Am. Dec. 371; Cowles v. Shaw, 2 Iowa, 499; Kerlin v. West, 4 N. J. Eq. 449; Bethune v. Wilkins, 8 Ga. 118; Citizens’ Coach Co. v. Camden Horse R. R. Co. 29 N. J. Eq. 299; Western M. & M. Co. v. Virginia C. Coal Co. 10 W. Va. 296; McMillan v. Ferrell, 7 W. Va. 223.) But an injunction may issue to prevent a trespass in “…

2Cases cited11 opinions

  1. Jerome v. RossNew York Court of Chancery · 1823
  2. Western M. & M. Co. v. Virginia Cannel Coal Co.West Virginia Supreme Court · 1877
  3. Livingston v. LivingstonNew York Court of Chancery · 1822
  4. McMillan v. FerrellWest Virginia Supreme Court · 1874
  5. Shipley v. RitterCourt of Appeals of Maryland · 1855

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Thrasher v. HodgeMontana Supreme Court · 1929
  2. Staples v. RossiIdaho Supreme Court · 1901
  3. Musselshell Cattle Co. v. WoolfolkMontana Supreme Court · 1906
  4. King v. MullinsMontana Supreme Court · 1903
  5. Lee v. WatsonMontana Supreme Court · 1895

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