Halla
Halla v. Rogers
Opinion
Lead Opinion
Wolverton, J.
This appeal is from an order of the trial court denying the motion of appellants for a dissolution of an injunction pendente lite.
It appears, from the bill of complaint for an injunction restraining defendants from interfering with and molesting plaintiffs in their possession of the Golden Bull mining claim, that the defendants Halla, Hammer, and Schwarz, on February 26, 1906, leased the said claim to F. R. Cowden, one of the plaintiffs, for a term ending July 1, 1909. The lease was assigned by Cowden to the Golden Bull Mining Company, a copartnership composed of all the plaintiffs except Fink and Orton. Subsequently Halla, Hammer, and Schwarz re-entered the leased premises, and the plaintiffs, except Fink and Orton, instituted an action of ejectment against them to recover possession under the lease. To maintain their defense, the defendants in said action set up that the plaintiffs therein had violated and broken certain covenants of the lease; but upon trial the plaintiffs were successful. An appeal was prosecuted to this court, resulting in an affirmance. Execution was stayed in the meanwhile. Upon mandate to the trial court, the mining company was in due course again put…