26 Mont. 492 | Mont. | 1902
delivered the opinion of the court.
The defendants have appealed from a final judgment entered on the 5th day if April, 1902, which, among other things, perpetually enjoins them from entering, exploring or mining in part of a certain lode claim, and from commencing any action against the plaintiffs to protect and maintain their alleged title to the vein and ores therein, or to recover such ores,
Further complaint is made by the defendants that In the particulars referred to the judgment is, upon its face, void, because it purports to determine a matter which was palpably without the issues fi amed; but this is not the occasion for considering it. We shall not, upon this application, decide the case upon the merits.
For these reasons, and upon the authority of Maloney v. King, 26 Montana Reports, 487 (68 Pac. 1012), just decided, the motion is denied.
Denied.