Legal Opinion

Schwartz v. Saunders

Illinois Supreme Court

Decided September 15, 1867PublishedCited by 35 opinions

Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. Joseph Saunders filed his petition for a mechanic’s lien in the Superior Court of Chicago, against John J. Schwartz and wife. On the trial the jury found in favor of the petitioner, and assessed his damages at $2,094.84. A motion for a new ■i trial being overruled, a decree of sale was rendered in accordance with the verdict. The defendants brought the case to this Court by appeal.

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Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. Joseph Saunders filed his petition for a mechanic’s lien in the Superior Court of Chicago, against John J. Schwartz and wife. On the trial the jury found in favor of the petitioner, and assessed his damages at $2,094.84. A motion for a new ■i trial being overruled, a decree of sale was rendered in accordance with the verdict. The defendants brought the case to this Court by appeal. The facts are sufficiently stated in the opinion.

1Opinion of the CourtChief Justice Breese

This was a petition to enforce a mechanic’s lien, filed in the Superior Court of Chicago, by Joseph Saunders against John J. Schwartz and Wilhelmina, his wife. On a trial by a jury, a verdict was found for the plaintiff, on which judgment was rendered, a new trial having been refused.

To reverse this judgment, the defendants bring the case here by appeal, and assign errors.

The building to be erected was of brick and of large dimensions, tall and narrow and long. The brick work was contracted to be done by another party, with whom it does not appear the plaintiff had any connection; he himself…

2Cases cited4 opinions

  1. Tompkins v. . DudleyNew York Court of Appeals · 1862
  2. School District No. 1 v. DauchySupreme Court of Connecticut · 1857
  3. Bacon v. CobbIllinois Supreme Court · 1867
  4. Higgins v. FergusonIllinois Supreme Court · 1853

3Cited by35 opinions

  1. Dolan v. . RodgersNew York Court of Appeals · 1896
  2. Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
  3. Bentley v. StateWisconsin Supreme Court · 1889
  4. Campbell v. JacobsonIllinois Supreme Court · 1893
  5. Cook v. McCabeWisconsin Supreme Court · 1881

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