Schaar & Koch v. Knickerbocker Ice Co.
Illinois Supreme Court
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. This action originated in the circuit court of Cook county, on a petition by appellee, against Kate M. Vandermark and others, including the above named appellants, to enforce a sub-contractor’s lien, under section 29, chapter 82, of the Revised Statutes.
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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. This action originated in the circuit court of Cook county, on a petition by appellee, against Kate M. Vandermark and others, including the above named appellants, to enforce a sub-contractor’s lien, under section 29, chapter 82, of the Revised Statutes. (2 Starr & Curtis, 1527.) Issues being joined, the cause was referred to a master to take the testimony and report the same to the court, with his conclusions on both the law and…
1Opinion of the CourtJustice Wilkin
The first question raised on the record, and, in our opinion, the only material one to be decided, is, has the petitioner shown, by its allegations and proofs, that it was a sub-contractor of the alleged owner of the property, within the meaning of section 29, chapter 82, of the Revised Statutes.
It is insisted by appellants, that under the evidence the original contract was between the owner and O’Shea; that by the subsequent agreement between the latter and Roche they became sub-contractors for the brick and cut stone work, and that this petitioner is simply seeking to enforce a lien for…
2Cases cited5 opinions
- Newhall v. KastensIllinois Supreme Court · 1873
- Rothgerber v. DupuyIllinois Supreme Court · 1872
- Smith Bridge Co. v. Louisville, New Albany & St. Louis Air Line Railway Co.Illinois Supreme Court · 1874
- Ahern v. EvansIllinois Supreme Court · 1872
- Lombard v. JohnsonIllinois Supreme Court · 1875
3Cited by2 opinions
- A.Y. McDonald Manufacturing Co. v. State Farm Mutual Automobile InsuranceAppellate Court of Illinois · 1992
- Leitch v. Central Dispensary & Emergency HospitalCourt of Appeals for the D.C. Circuit · 1895