Svenson v. Stamm

<p>Abstract of the Decision.</p> <p>1. Mechanics’ liens, § 196—when evidence insufficient to establish joint liability. In an action to enforce a mechanic's lien for constructing stairs in a building, where the judgment was against three defendants jointly, evidence examined and held insufficient to prove a joint liability.</p> <p>2. Municipal Court of Chicago, § 13*—when statement of claim does not warrant joint judgment. In an action by a subcontractor to enforce a mechanic’s lien, where plaintiff’s statement of claim does not show that he is seeking a judgment against the owners of the building and the original contractor jointly, such a judgment is erroneous under section 28 of the Mechanics’ Liens Act (J. & A. ¶ 7166), providing that all suits and actions by subcontractors shall be brought against both contractor and owner jointly and no decree or judgment shall be entered until both are brought before the court by process.</p> <p>3. Mechanics’ mens, § 202*—when judgment for subcontractor erroneous. In an action under Mechanics’ Liens Act, section 28 (J. & A. If 7166), by a subcontractor to enforce a mechanic’s lien for building stairs in a building, a judgment not against all the owners and all the contractors is erroneous.</p>