Tracy v. Rogers
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. Sabin D. Puterbaugh. Judge, presiding. This was a petition, filed by Henry P. Rogers, against the Elmwood Paper Manufacturing Company, Harlan P. Traov and several others, to enforce a mechanic’s lien.
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Appeal from the Circuit Court of Peoria county; the Hon. Sabin D. Puterbaugh. Judge, presiding. This was a petition, filed by Henry P. Rogers, against the Elmwood Paper Manufacturing Company, Harlan P. Traov and several others, to enforce a mechanic’s lien. The cause was heard upon the petition, exhibits, answers, replication and proofs, and the court decreed a lien in favor of the petitioner for the sum of $228.06, from which the defendant Tracy and the Elmwood Paper Manufacturing Company appealed.
1Opinion of the CourtJustice Scott
This was a proceeding to establish a mechanic’s lien. It is not perceived how the decree can, be maintained; certainly not to the extent found by the court.
It is the settled doctrine, that a party can not make one case by his pleading and obtain relief on another made by the proof. This .principle applies to proceedings under the Mechanic’s Lien Law. as well as in chancery causes.
The allegation is, appellee contracted with the Elmwood Paper Manufacturing Company to furnish materials to enlarge, repair and improve buildings situated on certain premises of which, it is said, the company…
2Cases cited1 opinion
- Parmelee v. HambletonIllinois Supreme Court · 1858
3Cited by5 opinions
- Crutcher v. BlockSupreme Court of Oklahoma · 1907
- Kellogg v. Littell & Smythe Manufacturing Co.Washington Supreme Court · 1890
- Pioneer Mining Co. v. DelamotteCourt of Appeals for the Ninth Circuit · 1911
- Fountain v. FountainAppellate Court of Illinois · 1887
- Stout v. SowerAppellate Court of Illinois · 1886