Legal Opinion

Board of Education v. Greenebaum & Sons

Illinois Supreme Court

Decided April 15, 1864PublishedCited by 13 opinions

Writ of Error to the Oircuit Court of McLean county. This was a proceeding instituted by Greenebaum & Sons in the court below, to the September Term, 1861, against the Board of Education of the State of Illinois, to enforce a mechanic’s lien.

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Writ of Error to the Oircuit Court of McLean county. This was a proceeding instituted by Greenebaum & Sons in the court below, to the September Term, 1861, against the Board of Education of the State of Illinois, to enforce a mechanic’s lien. It is stated in the petition that on the third day of March, 1860, the plaintiffs entered into a written contract with the defendants, by the name and style of “ The State Board of Education of Illinois,” and “ that the said contract was executed on the part of said board of education by O. B. Denio, J. S. Post, O. E. Hovey and S. W. Moulton, the…

1Opinion of the CourtJustice Breese

Several objections are taken to the decree in this case, which we will notice in the order in which they are presented; and,

1. Overruling the demurrer to the petition. The plaintiffs in error urge in support of the demurrer, that it does not appear by the petition that the persons who signed the contract were authorized to sign it. This objection is answerd by reference to the petition, in which it is alleged that “ the contract was executed, on the part of the said board of education, by C. B. Denio, J. S. Post, C. E. Hovey and S. W. Moulton, the building committee of said board, who had…

2Cases cited4 opinions

  1. City of Chicago v. HasleyIllinois Supreme Court · 1861
  2. New-York African Society for Mutual Relief v. VarickNew York Supreme Court · 1816
  3. Swift v. WhitneyIllinois Supreme Court · 1858
  4. Chadsey v. McCreeryIllinois Supreme Court · 1862

3Cited by13 opinions

  1. Pennsylvania Lightning Rod Co. v. Board of EducationWest Virginia Supreme Court · 1882
  2. Malleable Iron Range Co. v. PuseyIllinois Supreme Court · 1910
  3. Thomas v. Board of TrusteesIllinois Supreme Court · 1874
  4. Boehm v. HertzIllinois Supreme Court · 1899
  5. Special Tax School District No. 1 v. SmithSupreme Court of Florida · 1911

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