Podlech v. Phelan
Utah Supreme Court
Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by Clara E. Podlech against Patrick Phelan and another for the conversion of cetrain trade fixtures. From a judgment for plaintiff, defendant appeals. The facts are set forth in the opinion.
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Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by Clara E. Podlech against Patrick Phelan and another for the conversion of cetrain trade fixtures. From a judgment for plaintiff, defendant appeals. The facts are set forth in the opinion. There is n0 evidence whatever showing that she ever attempted to remove the furniture and fixtures, that she now claims in this suit, from the leased premises during the term of the lease. The tenant cannot remove fixtures after the expiration of the tenancy. See section 11G of Gear’s…
1Opinion of the Court
Miner, J.:
This action is brought for the alleged wrongful and unlawful conversion by defendants of a certain partition, counters, steam heater, and boiler apparatus, belonging to the plaintiff, situated and used in the White House, in Salt Lake City, on May 2, 1893, of the alleged value of $600. The defendants answered, and denied that she was the owner, or entitled to the possession, of the property; “and, further answering deny that on said 2d of May, or any other day, the defendants, or either of them, wrongfully or unlawfully converted or took the said property to their own use, or…
Also in this document: Concurrence.
2Cases cited4 opinions
- Kerr v. KingsburyMichigan Supreme Court · 1878
- Winchester & Partridge Manufacturing Co. v. CrearySupreme Court of the United States · 1885
- Orr & Lindsley Shoe Co. v. NeedlesCourt of Appeals for the Eighth Circuit · 1895
- Bruce v. WelchNew York Supreme Court · 1889
3Cited by4 opinions
- Russell v. Golden Rule Mining Co.Arizona Supreme Court · 1945
- Young v. Consolidated Imp. Co.Utah Supreme Court · 1901
- Peterson v. BeanUtah Supreme Court · 1900
- Voorhees v. Manti CityUtah Supreme Court · 1896