Samuel Blatchford

“ But we are of opinion that the decree was not a final one, and is not appealable. The judgment of the supreme court simply affirmed the judgment of the district court. As regards the relief sought by the plaintiffs, the latter judgment merely enjoined the defendants, and ordered an accounting by them before a referee concerning the rock and ore taken by them from the mine. ”

“ The prayer of the complaint is for an injunction restraining the defendants during the pendency of the suit, and also by a final order on the hearing, from entering upon on interfering with the possession of the property, or from extracting or removing from the mine any rock or ore, and for an accounting by the defendants with the plaintiffs concerning all rock or ore taken from the mine by the defendants, and for the payment by them to the plaintiffs of a moiety thereof ”

“ This is a suit brought in the district court of the second judicial district of Idaho territoty, in and for the county of Alturas, by George F. Settle and Jacob Reeser against John B. Winters, Frank Ganahl, and John Winkelbach. ”