Legal Opinion

Pickerell v. Carson

Supreme Court of Iowa

Decided June 11, 1859PublishedCited by 4 opinions

Appeal from the Dubuque District Court. The plaintiffs were carrying on the daguerrean business at the city of Dubuque, on the premises known as the “ Pickerell Daguerrean Room.”

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Appeal from the Dubuque District Court. The plaintiffs were carrying on the daguerrean business at the city of Dubuque, on the premises known as the “ Pickerell Daguerrean Room.” There was connected with the rooms, a valuable sky-light, and a balcony running along one side, by which an entrance was gained to the rooms; and there were partitions in said rooms, and other fixtures for the convenience of trade, erected by F. M. Pickerell, one of the plaintiffs, who alone held the lease-hold interest of the premises. The plaintiffs had a large amount of property in their possession, in their said…

1Opinion of the CourtStockton, J.

As to the first instruction asked by plaintiff's, and refused to be given by the court, we think it involved the whole question in dispute between the parties. The controversy between them was, whether the word “appurtenances ” embraced the loose, moveable articles of per*550sonal property in the daguerrean rooms of the plaintiffs. So far as such articles of personal property were to be considered as appurtenances to the daguerrean rooms, and to the business carried on therein by the plaintiffs, we think they were to be considered as embraced by the words “ appurtenances and the court, therefore,…

2Cases cited1 opinion

  1. Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836

3Cited by4 opinions

  1. Fechet v. DrakeArizona Supreme Court · 1887
  2. McFarlane v. FoleyIndiana Court of Appeals · 1901
  3. Lewis v. RoslerWest Virginia Supreme Court · 1880
  4. Wall v. Security Bank & Trust Co.Louisiana Court of Appeal · 1906

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