Hess v. Winder

Citations

• 34 Cal. 270

Syllabus

<p>^Injunction as to Mining Claim.—When the title to a mining claim is in controversy, an injunction may be granted to preserve the property pending the litigation.</p> <p>Dissolution ^of Injunction.—If, in an action to try the right to a mining claim, a preliminary injunction is granted on plaintiff's motion, and, on appeal to the Supreme Court, a judgment in favor of plaintiff is reversed and a new trial granted, this granting of a new trial does not entitle the defendant to a dissolution or modification of the injunction.*</p> <p>Injunction when New Trial Ordered.—If the plaintiff is entitled to an injunction, and obtains one before the trial, he is entitled to retain it upon the cause being remanded for a new trial.</p>