49-103. Temporary injunction.

49-103

Chapter 49.--MINES AND MINING
Article 1.--ENCROACHMENT ON ADJOINING LAND, SURVEYS AND INJUNCTIONS

      49-103.   Temporary injunction.Whenever it shall be made to appear by petition verified by the oath ofthe plaintiff, his or her agent or attorney, and by the survey of the countysurveyor, that any person or persons, corporation or corporations, is orare without authority mining or taking coal, rock or limestone from theland of the plaintiff, whether held by lease or otherwise, it shall be theduty of the proper district court in termtime, or the judge thereof invacation, to grant a temporary injunction restraining such person orpersons, corporation or corporations, from mining or taking coal, rock orlimestone from such land until the further order of the court or judge.

      History:   L. 1877, ch. 127, § 3; R.S. 1923, 49-103;L. 1967, ch. 296, § 2; July 1.