Legal Opinion

Phillips v. Stone

Illinois Supreme Court

Decided April 15, 1860PublishedCited by 1 opinion

This was a proceeding by defendants in error, against plaintiff in error, to enforce a mechanics’ lien. The bill states that Phillips, being about to erect a building on lots 30 and 31, in block four (4), in Port Dearborn Addition to the city of Chicago, on South Water street, near the Richmond House, had plans and specifications drawn by an architect or superintendent. That according to the plans, the building was to have patent rolling shutters. That at that time Wm.

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This was a proceeding by defendants in error, against plaintiff in error, to enforce a mechanics’ lien. The bill states that Phillips, being about to erect a building on lots 30 and 31, in block four (4), in Port Dearborn Addition to the city of Chicago, on South Water street, near the Richmond House, had plans and specifications drawn by an architect or superintendent. That according to the plans, the building was to have patent rolling shutters. That at that time Wm. B. Olmstead was the architect. That the different parts of the building were open for bidders, and defendants made proposals,…

1Opinion of the CourtBreese, J.

We are called upon by the defendant in this case to review our previous decisions upon the mechanics’ lien law, and correct what is alleged to be erroneous rulings in relation to it. This we are always prepared to do, having no overweening pride of opinion to deter us, but anxious to re-examine and reconsider all questions which may be supposed to have been hastily adjudged. The law in question has received, at various times, the closest scrutiny of the court, and whilst we admit it should have a liberal construction, when applied to cases clearly within its provisions, we are forbidden to…

2Cases cited2 opinions

  1. McClurken v. LoganIllinois Supreme Court · 1859
  2. Senior v. BrebnorIllinois Supreme Court · 1859

3Cited by1 opinion

  1. Adler v. World's Pastime Exposition Co.Appellate Court of Illinois · 1888

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