Eisenhauer v. Quinn
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Suit for injunction by 'John Eisenhauer against John J. Quinn, as sheriff of Silver Bow county, and Tony Gerarci, intervener. From a decree in favor of plaintiff and an order denying them a new trial defendant and intervener appeal. A chattel to be an irremovable fixture must have been annexed by the owner thereof.
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Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge. Suit for injunction by 'John Eisenhauer against John J. Quinn, as sheriff of Silver Bow county, and Tony Gerarci, intervener. From a decree in favor of plaintiff and an order denying them a new trial defendant and intervener appeal. A chattel to be an irremovable fixture must have been annexed by the owner thereof. (Bronson on Fixtures, 73; 13 Encyclopedia of Law, 2d ed., 604; Cochran v. Flint, 57 N. H. 514; Shoemaker v. Simpson, 16 Kan. 43; Central Branch B. B. Co. v. Fritz, 20 Kan. 430, 27 Am. Rep. 175; Michigan Mut. L.…
1Opinion of the CourtJustice Holloway
In September, 1901, Tony Gerarci was the owner of a certain two-room frame dwelling-house, which he had purchased from H. L. Frank. "The house was sold to Gerarci separate from the ground upon which it stood, and he immediately started to r¿move it to another location. One H. II. Smith thereupon wrongfully, without Gerarci’s knowledge or consent, took possession of the house and moved it about, and finally located it at 132 West Platinum street, in Butte, partly upon ground purchased by him from Hayes Cannon, and partly upon land belonging to Gannon. In July, 1902, Gerarci commenced an action…
2Cases cited11 opinions
- Gaines v. New OrleansSupreme Court of the United States · 1868
- Wilson v. HarrisMontana Supreme Court · 1898
- Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
- Capital Lumber Co. v. BarthMontana Supreme Court · 1905
- Stout v. HyattSupreme Court of Kansas · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Butte v. MikosowitzMontana Supreme Court · 1909
- Montana Electric Co. v. Northern Valley Min. Co.Montana Supreme Court · 1915
- Blackwelder v. Fergus Motor Co.Montana Supreme Court · 1927
- Scott v. PrescottMontana Supreme Court · 1924
- Middle States Oil Corp. v. Tanner-Jones Drilling Co.Montana Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.