Legal Opinion

Brown v. Schintz

Illinois Supreme Court

Decided April 24, 1903PublishedCited by 17 opinions

Writ op Error to the Appellate Court for the First District; — -heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. George Wheatman and William Boulton, co-partners, and John Beaubien, filed their petition in the circuit court of Cook county on August 9, 1897, to enforce a sub-contractor’s lien on lot 45, block 1, etc., in the city of Chicago.

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Writ op Error to the Appellate Court for the First District; — -heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. George Wheatman and William Boulton, co-partners, and John Beaubien, filed their petition in the circuit court of Cook county on August 9, 1897, to enforce a sub-contractor’s lien on lot 45, block 1, etc., in the city of Chicago. The defendants were Thomas Brown, the owner and occupant of said lot, and Elizabeth Brown, his wife, and Theodore H. Schintz, trustee in two trust deeds executed to him by Brown and wife…

1Opinion of the CourtJustice Wilkin

Counsel for defendants in error object that the transcript of the record is incomplete and insufficient to present the errors insisted upon. The principal question raised in the Appellate Court, and again in this court, is whether the above named checks constituted payments by Schintz to Brown on the $3200 building loan. The parts of the record contained in the transcript sufficiently present that question, and for such purpose the transcript is sufficient. (See authorities cited in the opinion of the Appellate Court.) Of course, errors cannot be insisted upon which the transcript fails to…

2Cases cited9 opinions

  1. Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
  2. Bickford v. First National BankIllinois Supreme Court · 1866
  3. Heartt v. RhodesIllinois Supreme Court · 1872
  4. Culver v. SchrothIllinois Supreme Court · 1894
  5. Merchants' Bank v. SpicerNew York Supreme Court · 1831

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3Cited by17 opinions

  1. McFadden v. FollrathSupreme Court of Minnesota · 1911
  2. People's State Bank v. BrownSupreme Court of Kansas · 1909
  3. Paulsen v. Gateway Transportation Co.Appellate Court of Illinois · 1969
  4. Daubach v. Drake Hotel Co.Appellate Court of Illinois · 1927
  5. Brown v. SchintzIllinois Supreme Court · 1903

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