Legal Opinion

Board of Education v. Neidenberger

Illinois Supreme Court

Decided June 15, 1875PublishedCited by 14 opinions

Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was a petition filed by Gotlieb Neidenberger and J. George Gerding, partners composing the firm of Neidenberger & Co., against the Board of Education of District No. 3, in town. 3 north, range 8 west of the third principal meridian, for the enforcement of a mechanic’s lien for materials furnished by petitioners, as sub-contractors of Wm. H. Phillips & Bro.

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Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. This was a petition filed by Gotlieb Neidenberger and J. George Gerding, partners composing the firm of Neidenberger & Co., against the Board of Education of District No. 3, in town. 3 north, range 8 west of the third principal meridian, for the enforcement of a mechanic’s lien for materials furnished by petitioners, as sub-contractors of Wm. H. Phillips & Bro. On the hearing, the court below found a lien in favor of the petitioners, for the sum of $1265, and required payment to be made in thirty…

1Opinion of the CourtJustice Walker

The only question we deem it necessary to consider in this case is, whether the law securing a mechanic’s lien was intended to and does embrace contracts for building or repairing common school houses—whether the directors of a school district, legally organized, represent a body corporate or politic that falls within the meaning of a person, as defined by the statute.

The lien law gives to any person who, by contract with the owner of any tract of land or town lot, shall furnish labor or materials for the erection or repair of any house, etc., a lien on the whole tract of land or town lot, as…

2Cited by14 opinions

  1. Knapp v. SwaneyMichigan Supreme Court · 1885
  2. Bouton v. Board of SupervisorsIllinois Supreme Court · 1877
  3. Loring & Co. v. SmallSupreme Court of Iowa · 1878
  4. Lessard v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1898
  5. Morganton Hardware Co. v. Morganton Graded SchoolsSupreme Court of North Carolina · 1909

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