Martin

Appeal from an order granting a temporary writ of injunction after hearing had upon an order requiring defendants to show cause. Respondents filed no brief. As shown by the pleadings, the controversy arose over the asserted rights of the parties to the possession of certain land which each claimed adversely to the other by virtue of having located the same as a mining claim.

The only evidence offered on the part of plaintiffs in support of the application for the writ was the verified complaint, all the material allegations of which were denied either directly by the verified answer, or allegations therein contained sufficient to negative the claims of plaintiffs. The rule is well settled that an injunction should not be granted pen dente lite upon a complaint alone where, in response thereto, a verified answer is filed explicitly and unequivocally denying the allegations of such complaint. (Spelling on Injunctions, 2d ed., sec. 1019.)

Moreover, conceding the facts alleged in the complaint to he true, they were insufficient to justify the issuance of the writ. The subject of the action was the right to possession of the property and ownership of the mineral deposits thereon. As…