Legal Opinion

Mollie Gibson Consolidated Mining & Milllng Co. v. McNichols

Supreme Court of Colorado

Decided April 15, 1911No. 5449PublishedCited by 8 opinions

Appeal from Pitkin District Court — Hon. John T. Shumate, Judge. The appellants were the joint owners of a concentrating mill building and the machinery therein, which was used for concentrating the ores mined from their properties. The appellees were, respectively, treasurer and sheriff of Pitkin county.

Read the full summary

Appeal from Pitkin District Court — Hon. John T. Shumate, Judge. The appellants were the joint owners of a concentrating mill building and the machinery therein, which was used for concentrating the ores mined from their properties. The appellees were, respectively, treasurer and sheriff of Pitkin county. In his official capacity, the treasurer issued to the appellee Irving, as sheriff, a distraint warrant, commanding him to distrain the goods and chattels of the appellants for the amount •of the tax assessed against their mill for the years 1900 and 1901. Under this warrant the sheriff…

1Opinion of the CourtJustice Gabbert

When a. building is erected for a particular purpose, and machinery placed therein reasonably necessary to effectuate that purpose, and in some substantial manner attached to such building, it becomes part of the realty. Roseville A. M. Co. v. Iowa G. M. Co., 15 Colo. 29; Farmers’ L. & T. Co. v. Minn. E. & M. Co., 35 Minn. 543; Symonds v. Harris, 81 Am. Dec. 552; 51 Me. 14; Laflin v. Griffiths, 35 Barb. (N. Y.) 58; Parsons v. Copeland, 38 Me. 537; Gray v. Holdship, 17 Am. Dec. 680; 17 S. & R. 413.. Applying this test to the facts of the case at bar, we think it is' clear that the Fru-Vanner…

2Cases cited4 opinions

  1. Farmers' Loan & Trust Co. v. Minneapolis Engine & Machine WorksSupreme Court of Minnesota · 1886
  2. Parsons v. CopelandSupreme Judicial Court of Maine · 1854
  3. Roseville Alta Min. Co. v. Iowa Gulch Min. Co.Supreme Court of Colorado · 1890
  4. Symonds v. HarrisSupreme Judicial Court of Maine · 1862

3Cited by8 opinions

  1. Lewin v. Telluride Iron Works Co.Court of Appeals for the Eighth Circuit · 1921
  2. Horn v. Clark Hardware Co.Supreme Court of Colorado · 1913
  3. Colorado Gold Dredging Co. v. Stearns-Roger Manufacturing Co.Supreme Court of Colorado · 1915
  4. Ferganchick v. JohnsonColorado Court of Appeals · 1970
  5. International Trust Co. v. Palisade Light, Heat & Power Co.Supreme Court of Colorado · 1915

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API