McGraw v. Bayard
Illinois Supreme Court
Appeal from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook county, the Hon. E. S. Williams, Judge, presiding.
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Appeal from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook county, the Hon. E. S. Williams, Judge, presiding. On the 26th day of May, 1876, appellants filed in the circuit court of Cook county their petition for a mechanic’s lien upon certain lots in the city of Chicago, alleging the making by them of a verbal a con tract, on July 31, 1875, with S. S. Hayes, the owner of the lots, for the doing of work and the furnishing of materials for the erection of brick dwellings, to be completed before January 1, 1876. They further alleged the…
1Opinion of the CourtChief Justice Dickey
This court has repeatedly held that suits to enforce mechanics’ liens are substantially chancery proceedings, and are governed by the rules of chancery practice. Hamilton v. Dunn, 22 Ill. 259; Lomax v. Dore, 45 id. 380; Clarke v. Boyle, 51 id. 105.
The general equity rule is, that all persons interested in the subject matter of a suit must be made parties in order that the decree may affect their rights, and this rule requires that in litigation had in respect to trust property, both the trustee and the cestui que trust be made parties. There is an exception to this where the trust is an…
2Cases cited3 opinions
- Dunphy v. RiddleIllinois Supreme Court · 1877
- Scanlan v. CobbIllinois Supreme Court · 1877
- Hamilton v. DunnIllinois Supreme Court · 1859
3Cited by28 opinions
- Bennitt v. Wilmington Star Mining Co.Illinois Supreme Court · 1886
- Davis v. BartzWashington Supreme Court · 1911
- Detroit Steel Products Co. v. HudesAppellate Court of Illinois · 1958
- Western Loan & Building Co. v. Gem State Lumber Co.Idaho Supreme Court · 1919
- Union National Savings & Loan Ass'n v. HelbergIndiana Supreme Court · 1898
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