Fish v. Stubbings
Illinois Supreme Court
■ Appeal from the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was a petition to enforce a mechanic’s lien, filed by Wilson H. Stubbings against Robert H. Fish. The petition required the defendant to answer the same under oath, which was done accordingly.
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■ Appeal from the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was a petition to enforce a mechanic’s lien, filed by Wilson H. Stubbings against Robert H. Fish. The petition required the defendant to answer the same under oath, which was done accordingly. On the trial of the issues found, the court, amongst others, gave the following instructions, at the instance of the petitioner, numbered three and five: “ 3. The answer of defendant, Fish, has been admitted as evidence in his favor, but if the jury believe, from an examination of the answer itself, and from the…
1Opinion of the CourtJustice Thoenton
There is considerable doubt, from an examination of the testimony, whether the recovery is not for a larger amount of work than was actually performed. We make this remark to justify a reversal for other errors.
The evidence will only be alluded to for the purpose of explaining the view we shall take of some of the instructions. We shall leave the sufficiency of the performance of the work, the quality of the materials and the compliance with the contract, to be determined upon a second trial.
The first proposition of law to be noticed is, that the petition is insufficient to authorize a…
2Cases cited1 opinion
- Cook v. VreelandIllinois Supreme Court · 1859
3Cited by7 opinions
- Ruddy v. McDonaldIllinois Supreme Court · 1910
- Clark v. ManningIllinois Supreme Court · 1878
- Kankakee Coal Co. v. Crane Bros. Manufacturing Co.Appellate Court of Illinois · 1888
- Powell v. WebberIllinois Supreme Court · 1875
- Reed v. BoydIllinois Supreme Court · 1876
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