Claycomb v. Cecil
Illinois Supreme Court
This was a petition to enforce a mechanics’ lien against a building situated on a lot in Monmouth, Illinois, and filed in the Warren Circuit Court. The original petition sets forth, that the petitioner was employed by the defendant to burn a kiln of brick, to be used in erecting a building on lot Ho. 1, in block Ho. 10, in Monmouth, in said county, and also to lay up a large quantity of brick and stone in a building on said lot, and specifies the nature of the contract, etc.
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This was a petition to enforce a mechanics’ lien against a building situated on a lot in Monmouth, Illinois, and filed in the Warren Circuit Court. The original petition sets forth, that the petitioner was employed by the defendant to burn a kiln of brick, to be used in erecting a building on lot Ho. 1, in block Ho. 10, in Monmouth, in said county, and also to lay up a large quantity of brick and stone in a building on said lot, and specifies the nature of the contract, etc. By leave of court, the petitioner filed an amended petition, in which he sets forth, in several distinct paragraphs,…
1Opinion of the CourtWalker, J.
No defect is perceived in the petition. It alleges, a contract was entered into for the materials and labor to be employed in the construction of this building and upon the particular lot. That they were to be furnished and employed in this building, which was to be completed, within the period allowed by the statute, to create such a lien; that it was completed within the time specified; that appellee was to be paid what the labor and materials were worth, and at its completion. This fills the requirements of the statute, and if they were proved as alleged, a mechanics’ lien was created upon…
2Cases cited2 opinions
- Brady v. AndersonIllinois Supreme Court · 1860
- Link v. Architectural Iron WorksIllinois Supreme Court · 1860
3Cited by5 opinions
- Smiley v. MeirIndiana Supreme Court · 1874
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- Rittenhouse & Embree Co. v. BarryAppellate Court of Illinois · 1901
- Haines v. ChandlerAppellate Court of Illinois · 1887
- Chicago & Riverdale Lumber Co. v. RusslerAppellate Court of Illinois · 1902