Brown v. Moore
Illinois Supreme Court
Appellee filed his petition for a mechanics’ lien against Simpson, Wild & Co. The appellants were made parties as mortgagors. A. C. Goddin, one of the appellants, filed a demurrer to petition. Demurrer of Goddin overruled. A decree was entered. On motion of appellants, decree was opened, and they allowed to answer.
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Appellee filed his petition for a mechanics’ lien against Simpson, Wild & Co. The appellants were made parties as mortgagors. A. C. Goddin, one of the appellants, filed a demurrer to petition. Demurrer of Goddin overruled. A decree was entered. On motion of appellants, decree was opened, and they allowed to answer. The petition alleges that, on the 18th day of February, 1857, and prior thereto, Simpson, Wild & Co. owned the premises and were about to erect, and did erect, a distillery and flouring mill upon them; and on that day Simpson, Wild & Co. made a written contract with petitioner,…
1Opinion of the CourtCaton, C. J.
By the terms of the contract under which this work was executed, the last payment was to be made on the first day of December, 18$T. By the same contract, the work was to have been completed on the first day of June, 1857, but the engine was not completed till the 22nd June, 1857, and the last of the castings and iron work were not delivered till the 23rd of April, 1858. At this time at least, if not on the first of December, 1857, the statute of limitations of six months, within which the bill had to be filed to enforce the lien as against these appellants, began to run. Six days after this,…
2Cited by6 opinions
- Paddock v. StoutIllinois Supreme Court · 1887
- Boise Payette Lumber Co. v. WeaverIdaho Supreme Court · 1925
- Mattison-Greenlee Service Corp. v. CulhaneCourt of Appeals for the Seventh Circuit · 1939
- Inman v. HendersonOregon Supreme Court · 1896
- Kelly v. KelloggIllinois Supreme Court · 1875
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