Grace v. Oakland Building Ass'n
Appellate Court of Illinois
Bill to Enforce a Mechanic's Lien.—Error to the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Heard in this court at the March term, 1896.
1Opinion of the Court
Mr. Presiding Justice Gary
delivered the opinion of the Court.
The opinion of this court in Schroth v. Black, 50 Ill. App. 168, might have been more clearly expressed.
The effect of it, upon the point under consideration, is, that where a statement of a supposed fact is unnecessarily in an exhibit, and the bill contains an averment that the fact is otherwise, upon demurrer the averment in the bill is to be taken as true—not that the meaning or construction, of an exhibit can be changed by any averment in the bill.
The plaintiff in error filed a cross-bill to enforce a mechanic’s lien. The…
2Cases cited4 opinions
- Nelson v. PinegarIllinois Supreme Court · 1863
- Schroth v. BlackAppellate Court of Illinois · 1893
- Fried v. BlanchardAppellate Court of Illinois · 1895
- Enos v. ChestnutIllinois Supreme Court · 1878