Rockwell v. O'Brien-Green Co.
Appellate Court of Illinois
Mechanic’s Lien.—Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard at the October term, 1895. Statement of the Case. This is an appeal from a decree of the Superior Court establishing a mechanic’s lien in favor of appellee.
1Opinion of the CourtJustice Waterman
We regard the notice filed as a sufficient compliance with the statute in that regard.
The fact that all the items of the amount claimed are not allowed, does not render it invalid. It appears to have been filed in good faith, and to have been believed to be an honest and truthful statement of a just claim. See Hayes v. Hammond et al., 61 Ill. App. 310, and Culver v. Scroth, 153 Ill. 437.
The description of the property in the notice and decree is such that identification by any competent surveyor is easy Falsa demonstratio non nocet. Sharp v. Thompson, 100 Ill. 447.
The cause was referred to a…
2Cases cited5 opinions
- Culver v. SchrothIllinois Supreme Court · 1894
- Sharp v. ThompsonIllinois Supreme Court · 1881
- Wolcott v. Lake View Building & Loan Ass'nAppellate Court of Illinois · 1895
- Springer v. KroeschellAppellate Court of Illinois · 1895
- Hayes v. Hammond & ChapmanAppellate Court of Illinois · 1895
3Cited by3 opinions
- Drexel v. RichardsNebraska Supreme Court · 1897
- Nelson v. UrbanAppellate Court of Illinois · 1925
- Wood v. GummAppellate Court of Illinois · 1897