22 Mont. 352 | Mont. | 1899
On March 2, 1899, an order of injunction was issued by this Court in a cause pending herein on appeal from the District Court of the Second Judicial District, entitled “Boston & Montana Consolidated Copper & Silver Mining Company, a Corporation, v. Montana Ore Purchasing-Company, Chile Gold Mining Company, and Johnstown Mining Company, Corporations,” to restrain these defendants, pending the appeal, from mining and extracting any ores from certain parts of the Pennsylvania lode claim, situate in Silver Bow county, Montana. This order was served upon the said defendants and their officers and foremen on the same day. It. was made under the provisions of Section 23, Code of Civil Procedure, and Rule XVI of this Court. On March 6th. thereafter it was made to appear to this Court by the affidavits of L. O. Evans, Esq., one of the attorneys for the plain
The clerk was ordered to pay the costs of this proceeding out of the moneys paid into his hands as aforesaid, and then cover the balance left in his hands into the state treasury.
Thereafter, on March 25th, F. Augustus Heinze having appeared before the Court in obedience to an order theretofore made, fixing his hearing for that day, proof was heard; and, upon consideration, the Court being of the opinion that sufficient punishment had already been imposed upon the Montana Ore Purchasing Company and its officers for the violation of the order complained of, and to secure future obedience thereto, it was so adjudged, and the said F. Augustus Heinze was ordered discharged.