Kelly v. Chapman
Illinois Supreme Court
This was a proceeding for the enforcing of a mechanic’s lien, commenced by Chapman in the Ogle Circuit Court, and taken by the change of venue to Lee county.
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This was a proceeding for the enforcing of a mechanic’s lien, commenced by Chapman in the Ogle Circuit Court, and taken by the change of venue to Lee county. The petition avers, that Chapman made a verbal contract with Milo Kelly and one Harvey Colburn, the then owners of a certain tract or lot of land in Ogle county, describing it, to perform labor and work as a mechanic and millwright, in the erection of a flouring-miB; that he commenced work, and labored for 208 days, for which the defendants promised to pay what the work was reasonably worth — no particular amount of work agreed to be…
1Opinion of the CourtCaton, J.
Chapman filed his bill against Kelly and Colburn to enforce a mechanic’s lien under our statute. Subsequently Moses Nettleton appeared in court and filed his petition to be made a defendant in the suit, showing that he had an interest in the premises as the assignee of two mortgages which were older incumbrances than the complainant’s lien. By order of the court, the petition was so amended as to make him a party, and he answered setting up his mortgages, as in his petition, though more circumstantially. Kelly also answered, traversing a part of the statements of the bill, and also setting up…
2Cited by7 opinions
- Harrington v. MillerWashington Supreme Court · 1892
- Bonnell v. LewisAppellate Court of Illinois · 1878
- Drennan v. HuskeyAppellate Court of Illinois · 1889
- Lewis v. RoseIllinois Supreme Court · 1876
- Krutz v. GardnerWashington Supreme Court · 1897
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