STAPP v. NICKELS

No. 11156.

434 P.2d 141 (1967)

150 Mont. 220

Kennon STAPP, Plaintiff and Appellant, v. Jack W. NICKELS and Sharol Nickels, Defendants and Respondents.

Supreme Court of Montana.

Rehearing denied December 15, 1967.


Attorney(s) appearing for the Case

Robert Hurly (argued), Glasgow, for appellant.

Paul E. Hoffmann, Glasgow, Alexander, Kuenning & Hall, John Hall (argued), Great Falls, for respondents.


CASTLES, Justice

This is an appeal from a judgment entered upon findings of fact and conclusions of law. The judgment was simply that the plaintiff take nothing by this action.

Plaintiff brought an action to enjoin the defendants from interference with plaintiff's use of a road. The road had been cabled and locked by defendants on their own land; but the contention of plaintiff was that it was a public road.

Plaintiff leases 1,000 acres from the United...

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