Downey v. O'Donnell
Illinois Supreme Court
Appeal from the Appellate Court of the First District; the Hon. Theodore D. Murphy, presiding Justice, and Hon. Geo. W. Pleasants and Hon. Joseph M. Bailey, Justices. This was a petition, filed by Dennis O’Donnell and Patrick Walsh, against John Downey and wife, in the circuit court of Cook county, to establish and enforce a mechanic’s lien against a certain lot and building.
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Appeal from the Appellate Court of the First District; the Hon. Theodore D. Murphy, presiding Justice, and Hon. Geo. W. Pleasants and Hon. Joseph M. Bailey, Justices. This was a petition, filed by Dennis O’Donnell and Patrick Walsh, against John Downey and wife, in the circuit court of Cook county, to establish and enforce a mechanic’s lien against a certain lot and building. The following is a copy of the architect’s certificate: “Chicago, November 15, 1873. Mr. John Downey, owner, will please pay to O’Donnell & Walsh, contractors, the balance due them on contract for labor and material…
1Opinion of the Court
. Mr. Justice Craig
delivered the opinion of the Court:
This case was before us at the September term, 1877, when the judgment was reversed and the cause remanded upon the ground that the court erred in excluding evidence offered by appellant to prove that the contract was not performed by appellees within the time it was agreed it should be. Downey v. O’Donnell, 86 Ill. 49. After the remanding order was filed in the circuit court another trial was had, the rejected testimony admitted, and, the court finding that appellees did not complete the building within the time required by the contract,…
2Cases cited2 opinions
- McAuley v. CarterIllinois Supreme Court · 1859
- Downey v. O'DonnellIllinois Supreme Court · 1877
3Cited by17 opinions
- St. Joseph Hospital v. Corbetta Construction Co.Appellate Court of Illinois · 1974
- General Dynamics Corp. v. Zion State Bank & Trust Co.Illinois Supreme Court · 1981
- Edward Edinger Co. v. WillisAppellate Court of Illinois · 1931
- Elgin, Joliet & Eastern Railway Co. v. Northwestern National BankAppellate Court of Illinois · 1911
- Consumers' Pure Ice Co. v. JenkinsAppellate Court of Illinois · 1895
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