Tootle v. French
Idaho Supreme Court
APPEAL from District Court, Alturas County. The engine and iron pipe, attached, as they were, to the quartz-mill of plaintiffs, and on the premises of plaintiffs, became fixtures and part of the realty as soon as they were attached.
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APPEAL from District Court, Alturas County. The engine and iron pipe, attached, as they were, to the quartz-mill of plaintiffs, and on the premises of plaintiffs, became fixtures and part of the realty as soon as they were attached. (Tiedeman on Real Property, sec. 6; 2 Taylor on Landlord and Tenant, secs. 544, 549; Merritt v. Judd, 14 Cal. 60.) Fixtures cannot be removed by vendee of lessee, or levied upon by creditors of lessee, unless removed or levied upon before termination of lease. (2 Taylor on Landlord and Tenant, sec. 549; Thropp’s Appeal, 70 Pa. St. 396; 2 Smith Lead. Cas., 5th Am.…
1Opinion of the CourtMorgan, J.
This appeal is taken from the judgment and from the order overruling the motion for a new trial. The respondents ask the court to dismiss the appeal for the reason that the record does not show that there has ever been a notice of appeal filed in this case. The constitution gives this court jurisdiction to review upon appeal any decision of the district, court, etc. (Const., art. 5, sec. 9.) The statute points out the method by which an appeal to the supreme court is taken, as follows: "An appeal is taken by fifing with the clerk of the court in which the judgment or order appealed from is…
Also in this document: Concurrence.
2Cases cited3 opinions
- Franklin v. ReinerCalifornia Supreme Court · 1857
- Whipley v. MillsCalifornia Supreme Court · 1858
- Salt Lake Brewing Co. v. GillmanIdaho Supreme Court · 1886
3Cited by8 opinions
- Diamond Bank v. Van MeterIdaho Supreme Court · 1910
- Adams v. McPhersonIdaho Supreme Court · 1893
- Doust v. Rocky Mountain Bell Telephone Co.Idaho Supreme Court · 1908
- Chapman v. BoehmIdaho Supreme Court · 1915
- People v. SmithCalifornia Court of Appeal · 1974
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