Legal Opinion

Treloar v. Hamilton

Illinois Supreme Court

Decided December 22, 1906PublishedCited by 8 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. TulEy, Judge, presiding. August 9, 1895, appellee filed his bill in the circuit court of Cook county against appellant to enforce' a mechanic’s lien for balance claimed to be due for furnishing material and labor in the erection and construction of a building for appellant.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. TulEy, Judge, presiding. August 9, 1895, appellee filed his bill in the circuit court of Cook county against appellant to enforce' a mechanic’s lien for balance claimed to be due for furnishing material and labor in the erection and construction of a building for appellant. The contract between the parties was in writing, and provided that appellee should furnish all labor and material and complete the building dn accordance with plans and specifications…

1Opinion of the CourtJustice Farmer

The Appellate Court held, and we think correctly, that the rights of the parties were governed by the law in force at the time the contract was entered into. (Kendall v. Fader, 199 Ill. 294, and cases there cited.) This was February 2, 1895, and before the Mechanic’s Lien law of 1895 went into effect. The law in force at the time the contract was entered into required that a contractor desiring to avail himself of its provisions should file with the clerk of the circuit court a just and true statement of the account or demand due him, after allowing all credits. Under the law then in force…

2Cases cited4 opinions

  1. Siegel v. A. H. Andrews & Co.Illinois Supreme Court · 1899
  2. Hayes v. HammondIllinois Supreme Court · 1896
  3. Kendall v. FaderIllinois Supreme Court · 1902
  4. Joseph N. Eisendrath Co. v. GebhardtIllinois Supreme Court · 1906

3Cited by8 opinions

  1. North Side Sash & Door Co. v. HechtIllinois Supreme Court · 1920
  2. Charter Bank & Trust v. Edward Hines Lumber Co.Appellate Court of Illinois · 1992
  3. Schultz v. SchultzIllinois Supreme Court · 1916
  4. In Re Danville Hotel Co.District Court, E.D. Illinois · 1929
  5. Knights of Ku Klux Klan, Inc. v. First National BankAppellate Court of Illinois · 1928

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