Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-23
INJUNCTION BILL
VERY IMPORTANT MEASURE IN
PRODUCED BY MAHON.
CONCERNS MINE LITIGATION.
Sullivan's Bill to Protect Patrons of
the Smelters-The Company
-.s Store Bill. ~,
CONCERNS MINE LITIGATION.

Special Correspondence Inter Mountain.
Helena, Feb. y.
Senator Mahon introduced bill in the
senate yesterday amending sections ST.
and SI3 of the code OF civil procedure,
relative to injunctions, Which viii ma
terially alter conditions and be of con-
siderable interest to certain mining conn
panies provided the measure becomes
law. The first few clauses of the bill
read the same as the present law. with
the exception that s ntence is added to
eacn naar the close bue several entirely
new clauses are added, and to them at
taches the principal interest of the bill:
The complete text Of the proposed
measure is as follows:
Be it enacted by the legislative assembly
of the Stat OF Montana:
Section 1. That section 81 of the Code
of Civil Procedure of the State Of Mon
tana, be amended SO as to read as fol-
lows:
Section ST.. An injunction may be
granted in the following cases, and in no
other: L. When it shall appear by the
complaint that the plaintiff is entitled to
the relief demanded, and such relief. or
any part thereof consists in restraining
the commission or continuance of the act
complained of. eth \ for a limited per-
led or perpetualy. where the act would
cause irreparable injury to the plaintiff.
2. When it shall appear by the complaint
or aflidavit that the commission. or con-
tinuance of some act during the litiga-
ton would produce irreparable injury to
the plaintiff. 3. When it shall appear
d,Milg the litigation that the defendant
is Going, or threatens. or is about to do,
o: is procuring or suffering to be done,
some act in violation of the plaintiffs
rights respecting the subject OF the ac-
tioon and which would render the judg-
mont Intellectual. 4. When it appears by
affidavit that the defendant during the
tendency of the action threat ms, or is
about to remove, or to dispose of his
property, with intent to defraud the
plaintiff. an injunction order may be
granted to restrain the removal or dis
position. 5. When the plaintiff cannot be
be protected in his right, or secured
against loss, by an order of the court i'm
pos ing terms upon the defendant or re-
curing the giving of an undertaking by
him as a condition to the performance or
continuance of the act.
S G. 2. That section S73, of the Code of
(lNll I'IOC9uure OF tnS state or Montana,
be amended as to read as follows:
Section S1S. The order may be granted
upon or without notice, in the discretion
of the court or judge. except in an ac-
ton between cO-tenants. co-oWnars. joint
tenants or joint owners, o: where the de-
PENDANT has answered, in which case it
cen be granted only upon notice or an or
der to show cause. When an application
Foe. int, to, u
an order to show cause. either before or
after answer. the court or judge may en-
join by an order. which is called a re-
strainng order. In no case shall an in
junction order or restraining order be is
sued without notice. unless ii appears
to the court or jurge that irrS parable in
jury would result by the delay of giving
notice. An Application may be made to
vacate or modify an injunction or re-
straining order at any time, whether the
same was granted without notice or on
notice, on order to show cause: but
the court may decline to entertain or
hear the same if the injunction was
| granted en- notice, or after hearing on
an order to show cause. unless the applf-
cation is based on other or additional
matters or evidence than that existing or
|
| party applying was not able to present
such matters at the time of the hearing,
or unless the application shows that
since the granting of the injunction there
has been a change in the rela ton of the
parties or in the subject matter, which
! would justify the court in vacating or
/ modifying the injunction. Upon hear
ing on an application for an injunction
or to vacate or modify an injunction. the
court or judge may. when the alleged
| wrong or injury is not isreparabe and is
capable of being compensated for in
| money, refuse the injunction. or vacats
the same if already issued. upo nthe de-
/ PENDANT executing an undertaking in
such form and amount with such sure
ties as the court or judge shall direct
conditioned to indemnify the plaintiff
| against loss sustained by reason of re-
fusing on Vacating such injunction order
And when this application for injunction
is made by one cO-tenant. co-owner joint
tenant Or joint owner of property against
his Co-tenant co-Owner, joint tenant OF
joint owner of the same property. to en-
join such cO-tenant. cO-owner Joint ten.
ant or joint owner from doing or contin