Orr & Lockett Hardware Co. v. Needham Co.
Appellate Court of Illinois
memorandum.—In chancery. In the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Appeal from a decree sustaining a demurrer to petition for a mechanics’ lien and dismissing the same for want of equity. Heard in this court at the March term, 1893.
1Opinion of the Court
Mr.- Justice Gary
delivered the opinion of the Court.
This is an appeal from the decree of the Circuit Court, sustaining a demurrer to, and dismissing for want of equity, a petition for a mechanics’ lien filed by the appellant against the appellees.
The Needham Company is sued as owner, with whom the contract was made, and the only showing of any interest in the premises by the other appellees, is the averment in the petition that they “ have or claim some interest.” Such an averment is no admission that in fact they have any interest; the burden is upon them to show it.
Section 35 of the lien…
2Cited by2 opinions
- Badenoch v. HoffmanAppellate Court of Illinois · 1893
- Orr & Lockett Hardware Co. v. Needham Co.Appellate Court of Illinois · 1896