Morrison v. Stewart
Illinois Supreme Court
This is an appeal from the Alton City Court, from the judgment of said court, upon a petition filed by the appellants, to perfect a mechanics’ lien upon a lot in Alton, upon which the appellants have built a dwelling-house and other improvements. The jury found a verdict for the defendant. The petitioners moved for a new trial, which was denied, Billings, Judge, presiding ; and judgment was rendered against the appellants.
1Opinion of the CourtBreese, J.
There was evidence offered to the jury tending to show that a paper, marked “ specifications for a dwelling-house,” was a part of the contract between the parties—it was proved, or admitted to be in the hand-writing of one of the complainants, and corroborates the defendant’s sworn answer. The proof was not positive by any means, but was sufficient for the purpose intended.
The instruction marked “ 2,” asked by the complainant, was properly amended by the proviso added by the court, and so of the fourth instruction. Without the proviso, the instruction would require the jury to find for the…
2Cited by3 opinions
- Chicago, Burlington & Quincy Railroad v. SullivanAppellate Court of Illinois · 1886
- Sulzer v. YottIllinois Supreme Court · 1870
- Drum v. ChismAppellate Court of Illinois · 1899