Simon v. Blocks
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Thomas Moran, Judge, presiding. This was a petition, under the statute, by Blocks against Simon, for a mechanic’s lien, and sets out a contract in writing between the parties dated Feb. 1, 1881, whereby the former agreed to furnish the materials and build a house for the latter, according to specifications, upon a lot of the latter in Iiavensvvood, and have the whole work completed by the first day of May, 1881, for…
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Appeal from the Circuit Court of Cook county; the Hon. Thomas Moran, Judge, presiding. This was a petition, under the statute, by Blocks against Simon, for a mechanic’s lien, and sets out a contract in writing between the parties dated Feb. 1, 1881, whereby the former agreed to furnish the materials and build a house for the latter, according to specifications, upon a lot of the latter in Iiavensvvood, and have the whole work completed by the first day of May, 1881, for which Simon agreed to pay the sum of $1,545, as follows: $500 on commencing the house; $300 when the house is completed for…
1Opinion of the CourtMcAllister, J.
The remedy sought by this proceeding is exclusively the creature of statute, deriving its existence only from positive enactment, and not arising out of, or the essence of, the contract for labor, or dependent on the motives which suggest its being enforced. Phil, on Mech. Liens, § 9, and cases in notes. In McCarthy v. New, 93 Ill. 455, the court, speaking through Mr. Justice Scott, says, “Proceedings to establish a mechanic’s lien are against the property affected. Such proceedings are strictly statutory, and, without the aid of the statute, can not be maintained.” And that court has…
2Cases cited4 opinions
- Cook v. HealdIllinois Supreme Court · 1859
- Crowl v. NagleIllinois Supreme Court · 1877
- Beasley v. WebsterIllinois Supreme Court · 1872
- McCarthy v. NeuIllinois Supreme Court · 1879
3Cited by3 opinions
- Provost v. ShirkIllinois Supreme Court · 1906
- Vanderpoel v. KnightAppellate Court of Illinois · 1902
- Stout v. SowerAppellate Court of Illinois · 1886