Sebastian v. Rass
Appellate Court of Illinois
Memorandum.—Proceedings for a mechanic’s lien; appeal from a decree entered by the Superior Court of Cook County; the Hon. William G-. Ewing, Judge, presiding. Heard in this court at the October term, 1894. Statement of the Case. This was a petition for mechanic’s lien.
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Memorandum.—Proceedings for a mechanic’s lien; appeal from a decree entered by the Superior Court of Cook County; the Hon. William G-. Ewing, Judge, presiding. Heard in this court at the October term, 1894. Statement of the Case. This was a petition for mechanic’s lien. In the fall of 1892, Elizabeth Sebastian, appellant, being desirous of erecting a'building on her property, visited one Joseph Bettinghofer, an architect, stated her ideas concerning the building she wished to erect, and requested him to draw for her certain plans. Specifications having been drawn, Bettinghofer, the architect,…
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the Court.
It being necessary to the maintenance of a lien that the petitioner should -have filed with the clerk of the Circuit Court a verified statement of the amount due him, etc., appellee alleged in his petition that he filed such statement on the 23d day of June, 1893.
The holdings of this court in Bennett v. Armknecht, 50 Ill. App. 467, and in Moore v. Parrish, 50 Ill. App. 233, that as between an original contractor and the owner the filing of such statement is unnecessary, are overruled by Campbell v. Jacobson, 145 Ill. 389.
Upon…
2Cases cited5 opinions
- Campbell v. JacobsonIllinois Supreme Court · 1893
- Berndt v. ArmknechtAppellate Court of Illinois · 1893
- Moore v. ParrishAppellate Court of Illinois · 1893
- Campbell v. JacobsonAppellate Court of Illinois · 1892
- Sallwasser v. George K. Hazlitt & Co.Appellate Court of Illinois · 1886
3Cited by2 opinions
- Christian v. AlleeAppellate Court of Illinois · 1902
- Lafrentz & Karstens Co. v. CavanaghAppellate Court of Illinois · 1912