Mills v. Heeney
Illinois Supreme Court
Writ of Error to the Superior Court of Chicago. This was a proceeding to enforce a mechanic’s lien brought by defendants in error against plaintiff in error in the Superior Court of Chicago.
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Writ of Error to the Superior Court of Chicago. This was a proceeding to enforce a mechanic’s lien brought by defendants in error against plaintiff in error in the Superior Court of Chicago. The petition, which was filed on the 22d day of March, 1861, shows that on the 27th day of September, a. d. 1858, a contract in writing was made, whereby defendants in error agreed to do the carpenter and joiner work upon the dwelling house mentioned, in a careful, skillful, and workmanlike manner, within three years, to wit., on or before the 15th day of June, a. d. 1859; and that the plaintiff in error…
1Opinion of the CourtJustice Beckwith
An established rule of practice in this State requires decrees in chancery, directing the sale of real estate for the non-payment of money, to give at least ninety days for its payment where there is no right of redemption from the sale. 24 Ill. 551; 27 id. 497; ib. 23; 28 id. 457.
A decree in a suit to enforce a mechanic’s lien should not be rendered for a larger sum than is claimed by the petition, and interest from the time it was filed, where it asserts no claim for interest. 29 Ill. 500; 17 How. 17. In other respects the decree of the court below was correct. It will be reversed and the…
2Cases cited3 opinions
- James Udall, Libellant and v. The Steam-Ship Ohio, Her Tackle, &C., Marshall O. Roberts and OthersSupreme Court of the United States · 1855
- Carter v. LewisIllinois Supreme Court · 1863
- Link v. Architectural Iron WorksIllinois Supreme Court · 1860
3Cited by7 opinions
- Walsh v. North American Cold Storage Co.Illinois Supreme Court · 1913
- Heiman v. SchrœderIllinois Supreme Court · 1874
- Vail v. DrexelAppellate Court of Illinois · 1881
- Johnson v. BoudryMassachusetts Supreme Judicial Court · 1874
- Young v. YoungSupreme Court of Iowa · 1917
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