Bush v. Havird
Idaho Supreme Court
APPEAL from District Court of the Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Action by plaintiff to recover damages for the wrongful and unlawful severing and removal of certain fixtures from a building owned by plaintiff. From a judgment in favor of defendants, plaintiff appeals. The term “bar-room fixtures” means fixtures in a barroom, and when the word “fixtures” is used in such connection it means something affixed to the realty.
Read the full summary
APPEAL from District Court of the Third Judicial District for Ada County. Hon. George H. Stewart, Judge. Action by plaintiff to recover damages for the wrongful and unlawful severing and removal of certain fixtures from a building owned by plaintiff. From a judgment in favor of defendants, plaintiff appeals. The term “bar-room fixtures” means fixtures in a barroom, and when the word “fixtures” is used in such connection it means something affixed to the realty. (Hogard v. California Ins. Co. (Cal.), 11 Pae. 594, 598.) Bar fixtures placed in a saloon are not removable by the saloon-keeper at…
1Opinion of the CourtAilshie, J.
In this case the lessees of a saloon building in Boise City placed the usual bar fixtures, ice-chest, etc., in the building, attaching them to the same with screws, and also put in electric chandeliers and linoleum on the floor, and such other fixtures as are usually found in such places. Some time afterward the tenant executed to one Poole a chattel mortgage on all this property as security for the payment of a promissory note in the sum of $300. The mortgage was executed on the eighteenth day of February, 1905. The tenant neglected and refused to pay his rent as provided for in the lease,…
2Cases cited4 opinions
- Free v. Stuart & SchmenskyNebraska Supreme Court · 1894
- Fuller v. Brownell & Co.Nebraska Supreme Court · 1896
- Sweet v. MyersSouth Dakota Supreme Court · 1892
- Brown v. Reno Electric Light & Power Co.U.S. Circuit Court for the District of Nevada · 1893
3Cited by11 opinions
- Rinaldi v. GollerCalifornia Supreme Court · 1957
- Fidelity Trust Co. v. StateIdaho Supreme Court · 1951
- Pearson v. HarperIdaho Supreme Court · 1964
- Couch v. Scandinavian-American BankOregon Supreme Court · 1921
- Glaser v. North'sOregon Supreme Court · 1954
6 more not listed; retrieve them via the Exa API.