Legal Opinion

Arnold v. Goldfield Third Chance Mining Co.

Nevada Supreme Court

Decided April 15, 1910No. 1863PublishedCited by 2 opinions

Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. Action by Marvin Arnold against the Goldfield Third Chance Mining Company. From an order denying a motion to vacate a sale on execution against defendant, it appeals. The facts sufficiently appear in the opinion.

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Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. Action by Marvin Arnold against the Goldfield Third Chance Mining Company. From an order denying a motion to vacate a sale on execution against defendant, it appeals. The facts sufficiently appear in the opinion. I. The proper rule in regard to fixtures is that if articles are essential to the realty, having been applied exclusively to use in connection with it, are necessary for that purpose, and without such or similar articles the realty would cease to be of…

1Opinion of the Court

By the Court,

Norcross, C. J.:

This is an appeal from an order made after final judgment denying a motion to set aside and vacate a sheriff’s sale upon execution, issued against the above-named appellant. The respondent herein recovered judgment in the lower court against appellant for the sum of $1,098. Thereupon execution was issued, and on the 7th day of July, 1909, under and by virtue of such execution, the sheriff of Esmeralda County sold as personal property of the defendant, appellant herein, one thirty-horsepower electric hoist; one frame building-inclosing said hoist; one gallows…

2Cases cited6 opinions

  1. Smith v. PriceIllinois Supreme Court · 1865
  2. Roseville Alta Min. Co. v. Iowa Gulch Min. Co.Supreme Court of Colorado · 1890
  3. Oves v. OgelsbySupreme Court of Pennsylvania · 1838
  4. Maples v. MillonSupreme Court of Connecticut · 1863
  5. Treadway v. SharonNevada Supreme Court · 1871

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

3Cited by2 opinions

  1. Guadagna Vs. Dist. Ct. (Nat'L Credit Adjusters, Llc)Nevada Supreme Court · 2021
  2. Nellis v. JohnsonNevada Supreme Court · 1936

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