Legal Opinion

Ahern v. Evans

Illinois Supreme Court

Decided September 15, 1872PublishedCited by 4 opinions

Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was a suit brought by Thomas S. Evans against Patrick Ahern and Daniel A. Walsh, to establish a mechanic’s lien on the premises of the defendants for work done thereon by the plaintiff. The court granted the relief sought, and the defendants appeal.

1Opinion of the Court

Per Curiam :

It has been decided at the present term, in the case of Rothgerber v. Dupuy, 64 Ill. 452, that the law of 1869 does not extend the lien of mechanics and material-men beyond the first sub-contractor. This bill was brought by an employee under the sub-contractor, and can not, therefore, be maintained.

The decree is reversed and the cause remanded.

Decree reversed.

2Cases cited1 opinion

  1. Rothgerber v. DupuyIllinois Supreme Court · 1872

3Cited by4 opinions

  1. Brennan v. PeopleSupreme Court of Colorado · 1906
  2. Schaar & Koch v. Knickerbocker Ice Co.Illinois Supreme Court · 1894
  3. Berkowsky v. SableAppellate Court of Illinois · 1892
  4. Leitch v. Central Dispensary & Emergency HospitalCourt of Appeals for the D.C. Circuit · 1895