Legal Opinion

Provost v. Shirk

Illinois Supreme Court

Decided October 23, 1906PublishedCited by 16 opinions

Appeal from the Branch. Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. J. W. Mack, Judge, presiding. This is a proceeding to enforce mechanics’ liens under the act of 1887. Franklin D. Clarke on May 28, 1891, was the owner of the land upon which this lien is attempted to be enforced.

Read the full summary

Appeal from the Branch. Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. J. W. Mack, Judge, presiding. This is a proceeding to enforce mechanics’ liens under the act of 1887. Franklin D. Clarke on May 28, 1891, was the owner of the land upon which this lien is attempted to be enforced. At that date he entered into an agreement with.appellee Shirk to convey to him said premises for the consideration of $100,000,—$40,000 to be paid in cash and the balance of $60,000 to be paid over from time to time by Shirk as a building was…

1Opinion of the CourtJustice Carter

This is an action arising under the Mechanic’s Lien law. The statute regarding mechanics’ liens has always been held by this court to be in derogation of the common law and must be strictly construed. The lien should be fairly enforced when the party brings himself within the provision of the statute, but should not be extended to cases not provided for by the language of the statute, even though they fall within its reason. May Brick Co. v. Engineering Co. 180 Ill. 535, and cases there cited; Kelly v. Northern Trust Co. 190 id. 401; Freeman v. Rinaker, 185 id. 172.

We are clearly of the…

2Cases cited8 opinions

  1. Crandall v. SorgIllinois Supreme Court · 1902
  2. Gilmore v. CourtneyIllinois Supreme Court · 1895
  3. Gardner v. HallIllinois Supreme Court · 1862
  4. Cook v. HealdIllinois Supreme Court · 1859
  5. May, Purington & Bonner Brick Co. v. General Engineering Co.Illinois Supreme Court · 1899

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Hoier v. KaplanIllinois Supreme Court · 1924
  2. Aluma Systems, Inc. v. Frederick Quinn Corp.Appellate Court of Illinois · 1990
  3. Jack Endo Electric, Inc. v. Lear Siegler, Inc.Hawaii Supreme Court · 1978
  4. Beneficial Finance Co. v. Wegmiller Bender Lumber Co.Indiana Court of Appeals · 1980
  5. Cronin v. TatgeIllinois Supreme Court · 1917

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API