Legal Opinion

Grace v. Oakland Building Ass'n

Illinois Supreme Court

Decided May 11, 1897PublishedCited by 8 opinions

Appeal from the Appellate Court for the First District;—heard in.that court on writ of error to the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. This was a bill filed by the Oakland Building Association, one of the appellees, to foreclose a mortgage executed by John W. Rickey and wife upon a piece of ground described as the south one hundred feet of the north one hundred and fifty feet of lot 42, in Rosalie Villas, in Cook county.

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Appeal from the Appellate Court for the First District;—heard in.that court on writ of error to the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. This was a bill filed by the Oakland Building Association, one of the appellees, to foreclose a mortgage executed by John W. Rickey and wife upon a piece of ground described as the south one hundred feet of the north one hundred and fifty feet of lot 42, in Rosalie Villas, in Cook county. The appellants were made parties to this bill, upon the allegation that they had some interest in the premises. They answered the…

1Opinion of the CourtJustice Carter

The only question presented by this record for decision is the alleged insufficiency of the statement of appellants’ claim for a lien or account filed with the clerk of the court. It was found by the master and the Superior and Appellate Courts that this statement was insufficient, and was not sufficiently verified by affidavit, under the statute. The provision of the statute in force when the statement was filed, applicable to this case, was as follows: “Every creditor or contractor who wishes to avail himself of the provisions of this act shall file with the clerk of the circuit court * * *…

2Cases cited10 opinions

  1. City of Chicago v. SextonIllinois Supreme Court · 1885
  2. Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
  3. Springer v. KroeschellIllinois Supreme Court · 1896
  4. Campbell v. JacobsonIllinois Supreme Court · 1893
  5. McDonald v. RosengartenIllinois Supreme Court · 1890

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3Cited by8 opinions

  1. Hazeltine Corporation v. Zenith Radio CorporationCourt of Appeals for the Seventh Circuit · 1938
  2. Lundy v. Boyle Industries, Inc.Appellate Court of Illinois · 1977
  3. Millington v. Central Standard Life InsuranceAppellate Court of Illinois · 1961
  4. Gutshall v. KornaleySupreme Court of Colorado · 1906
  5. Reliance Bank & Trust Co. v. DalseyAppellate Court of Illinois · 1931

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