Shaeffer v. Weed
Illinois Supreme Court
Petition for a mechanics5 lien, &c, in the White Circuit Court, heard at the September term. 1846, before the Hon. William Wilson. The facts are as follow: The plaintiffs in error furnished materials, and did work on a house for William Weed in his lifetime, but owing to his death the job was left unfinished. Weed, at his death, left Harriet, his widow, and William, his son and only heir at law.
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Petition for a mechanics5 lien, &c, in the White Circuit Court, heard at the September term. 1846, before the Hon. William Wilson. The facts are as follow: The plaintiffs in error furnished materials, and did work on a house for William Weed in his lifetime, but owing to his death the job was left unfinished. Weed, at his death, left Harriet, his widow, and William, his son and only heir at law. Administration of his estate was taken out by one Sidney Cave, who very shortly died, and administration de bonis non was taken out by one John Grillison. About seven months after the death of Weed,…
1Opinion of the Court
The Opinion of the Court was delivered by
Caton, J.*
The judgment in this case must be reversed, and the cause remanded for a trial of the issue joined.
As if this were a proceeding at law, a special replication has been filed by the plaintiffs to the answer of the defendant, and to this there is a special rejoinder by the -defendant, which was demurred to by the plaintiff, upon which it was supposed that the questions which have been argued were properly presented.
On a former occasion it was determined by this Court, that this was strictly a Chancery proceeding, and hence it must be governed by…
2Cited by2 opinions
- Great American Insurance v. Bailey (In Re Cutty's-Gurnee, Inc.)United States Bankruptcy Court, N.D. Illinois · 1991
- Carew v. MillerAppellate Court of Illinois · 1919