Legal Opinion

Strawn v. Cogswell

Illinois Supreme Court

Decided April 15, 1862PublishedCited by 14 opinions

This was a petition for a mechanics’ lien, filed by appellees ' against the appellants, founded upon a contract to furnish certain iron castings, for a grist mill at Marseilles, in the county of LaSalle. The petition also alleges, that Cogswell and Cushman had furnished a large amount of extra work and materials for said mill, which appellants had promised to pay for at their value. Cogswell, and Cogswell and Cushman, prayed for a lien for the amounts due to them separately.

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This was a petition for a mechanics’ lien, filed by appellees ' against the appellants, founded upon a contract to furnish certain iron castings, for a grist mill at Marseilles, in the county of LaSalle. The petition also alleges, that Cogswell and Cushman had furnished a large amount of extra work and materials for said mill, which appellants had promised to pay for at their value. Cogswell, and Cogswell and Cushman, prayed for a lien for the amounts due to them separately. A demurrer was sustained to so much of the petition as prayed a lien for Cogswell and Cushman, and overruled as to the…

1Opinion of the CourtWalker, J.

This record discloses nothing which shows Huston to have been an incompetent juror. He, when examined, expressed a strong dislike to Cushman, but none against Cogswell. Cushman had ceased to be a party to the record, and nothing appears indicating that he had any further interest in the suit. The individual claim of Cogswell was alone in controversy. The prejudice of a juror against a person not a party to the suit, can form no objection to the competency of the juror. The court erred in rejecting this juror.

Appellants inquired of different witnesses, how long the mill was idle, and what it…

2Cases cited1 opinion

  1. Link v. Architectural Iron WorksIllinois Supreme Court · 1860

3Cited by14 opinions

  1. Underwood v. WolfIllinois Supreme Court · 1890
  2. Goodrich Lumber Co. v. DavieMontana Supreme Court · 1893
  3. Moulthrop & Stevens v. Hyett & SmithSupreme Court of Alabama · 1894
  4. Williams v. Island City Milling Co.Oregon Supreme Court · 1894
  5. Sinker, Davis & Co. v. KidderIndiana Supreme Court · 1890

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