McCARTHY v. MORRIS

No. 12115.

497 P.2d 97 (1972)

Lawrence J. McCARTHY et al., Plaintiffs and Respondents, v. Bud MORRIS, Defendant and Appellant.

Supreme Court of Montana.

Decided May 9, 1972.


Attorney(s) appearing for the Case

William Dee Morris (argued), Helena, for defendant and appellant.

Alex C. Morrison (argued), Plains, for plaintiffs and respondents.


JOHN C. HARRISON, Justice.

This is an appeal from a verdict and judgment resulting from a jury trial in the fourth judicial district, county of Sanders, the Hon. Emmet Glore, district judge presiding.

The facts giving rise to this action show that the Old West still lives. The complaint filed by plaintiffs on September 23, 1970, charges defendant with trespass on an unpatented mining claim located in Sanders County. The prayer asked for a restraining order...

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