Legal Opinion

Campbell v. Green & Lombard Lumber Co.

Appellate Court of Illinois

Decided January 30, 1902Published

Action under the Mechanic’s Lien Law. — Appeal from the Circuit Court of Cook County; the Hon. Area N. Waterman, Judge, presiding. Heard in this court at the March term, 1901.

1Opinion of the CourtJustice Sears

The grounds urged by the learned counsel for appellant as reasons for a reversal of the judgment are:

1st. That at the date of the service of the lien notice by appellee upon appellant, all claims of the original contractor for the building in question had been fully paid, and therefore, under the statute, it is contended, no lien could result in favor of appellant, the sub-contractor.

2d. That the court gave an erroneous instruction to the jury.

3d. That .the judgment is excessive, in that it exceeds the amount of the jurisdiction of a justice of the peace.

The evidence establishes conclusively…

2Cases cited5 opinions

  1. Alley v. McCabeIllinois Supreme Court · 1893
  2. Hirth v. LynchIllinois Supreme Court · 1880
  3. Nutriment Co. v. George Green Lumber Co.Appellate Court of Illinois · 1901
  4. Rives v. KumlerIllinois Supreme Court · 1862
  5. Huntley Manufacturing Co. v. Michigan Central RailroadAppellate Court of Illinois · 1898

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