Linnemeyer v. Miller
Illinois Supreme Court
Appeal from the Superior Court of'Cook county; the Hon. William A. Porter, Judge, presiding. This was a petition filed by Henry Linnemeyer against John Miller, Charles W. Eigdon and George F. Whitney, to enforce a mechanic’s lien, as a sub-contractor. The opinion presents the facts necessary to an understanding of the questions decided.
1Opinion of the CourtJustice Scholfield
delivered the opinion of the Court:.The only question presented upon this record is, did the court below err in dismissing the suit for want of prosecution?
It appears, from the record, that Miller and Eigdon filed their answer to the petition on the 10th day of October, 1872, and that, on the 10th day of January, 1873, the cause was reached on the call of the common law docket, and, not being at issue, was dismissed for want of prosecution. lío answer was filed by Whitney, and the record fails to show that appellant had notice of the filing of the answer by Miller and Rigdon.
Although suits to…
2Cited by5 opinions
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- Person v. SmithAppellate Court of Illinois · 1889