Bush v. Connelly
Illinois Supreme Court
Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was a suit in chancery instituted in the court below by Jacob A. Bush, George Benhart and John S. Eller, against Nancy Connelly and others, heirs-at-law of David J. Connelly, deceased, to enforce a mechanic’s lien. It is alleged in the bill that the complainants were partners, doing business under the firm and style of Bush & Benhart, as carpenters and joiners.
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Writ of Error to the Circuit Court of Coles county; the Hon. Charles H. Constable, Judge, presiding. This was a suit in chancery instituted in the court below by Jacob A. Bush, George Benhart and John S. Eller, against Nancy Connelly and others, heirs-at-law of David J. Connelly, deceased, to enforce a mechanic’s lien. It is alleged in the bill that the complainants were partners, doing business under the firm and style of Bush & Benhart, as carpenters and joiners. That on the 15th day of October, 1857, they entered into a contract with David J. Connelly, since deceased, to do the carpenters’…
1Opinion of the CourtJustice Breese
Without passing upon the propriety of setting aside a decree duly entered at one term, on the mere motion of the court at a subsequent term, it is sufficient to a proper disposition of the case to say, that the original decree is in several respects erroneous, and should be reversed.
In the first place, the complainants by their own showing have no community of interest in the subject matter of the suit. Their interests have been severed by the settlement of the building accounts, and the indebtedness distributed among the contractors, and separate notes executed to the separate parties for…
2Cases cited3 opinions
- Rowan v. BowlesIllinois Supreme Court · 1858
- Tuttle v. WilsonIllinois Supreme Court · 1860
- Sutherland v. RyersonIllinois Supreme Court · 1860
3Cited by1 opinion
- Northwestern Loan & Investment Ass'n v. McPhersonIndiana Court of Appeals · 1899