Ramming v. Roland

Decided February 16, 1916

Appellate Court of Illinois · decided 1916-02-16

Abstract of the Decision. 1. Mechanics’ liens, § 97*—when statement of claim sufficient to warrant recovery against owners and contractor or owners alone. In a proceeding under the Mechanics’ Liens Act (J. & A. f 7139 et seq.) against the owners and contractor, a statement of claim that plaintiff’s claim “is for labor and material furnished for carpenter repairs * * * under orders from defendant, * * * the contractor, agent and superintendent of ’ the repairs to said building for the owners thereof, viz.: the defendants * * *; that the plaintiff caused to be served the notices prescribed by the statute in relation to mechanics’ liens upon said defendants * * *,” is sufficient to support a recovery against all the defendants, if the evidence showed that the contractor defendant ordered, as a contractor, the labor and materials sued for, or against the owners alone, if the evidence showed that the labor and materials were ordered by the contractor defendant as agent or representative of the owners. 2. Mechanics’ liens,—when issue of fact raised by pleadings. In a proceeding under the Mechanics’ Liens Act (J. & A. 1f 7139 et seq.) against a defendant alleged to have been the contractor and defendants alleged to be owners, the former, by denying that he entered into a contract with plaintiff and that he had a contract with the owners to furnish such labor and materials, raises an issue of fact, the determination of which hears upon the question whether plaintiff has the right to recover against all of the defendants or against the owner defendants alone. 3. Appeal and error, § 1300*—when submission of evidence on issue presumed. In a proceeding under the Mechanics’ Liens Act (J. & A. H 7139 et seq.) against a defendant alleged to have been the contractor and against defendants alleged to have been the owners, where the former raises an issue of fact by denying that he entered into a contract with plaintiff for the labor and materials and that he had a contract with the owners of the premises to furnish said labor and materials, it will be presumed that evidence was submitted to determine such issue. 4. Appeal and error, § 1303*—when evidence not preserved presumed sufficient. On a writ of error to the Municipal Court of Chicago, where the evidence upon which the trial court based its judgment is not preserved by bill of exceptions, statement of facts or stenographic report, it will be presumed that evidence offered was sufficient to sustain the court’s findings on the issues and its judgment thereon. 5. Appeal and error, § 1301*—when correct application of law to facts presumed. On a writ of error it is presumed, in the absence of anything in the record appearing affirmatively to the contrary, that the court correctly applied the law to the facts offered in evidence.

Cited by 2 later decisions — most recently March 1959

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1916-02-16

View the full empirical analysis of this case →

Mr. Presiding Justice Pam

¶1delivered the opinion of the court.

4. Appeal and error, § 1303*—when evidence not preserved presumed sufficient. On a writ of error to the Municipal Court of Chicago, where the evidence upon which the trial court based its judgment is not preserved by bill of exceptions, statement of facts or stenographic report, it will be presumed that evidence offered was sufficient to sustain the court’s findings on the issues and its judgment thereon.5. Appeal and error, § 1301*—when correct application of law to facts presumed. On a writ of error it is presumed, in the absence of anything in the record appearing affirmatively to the contrary, that the court correctly applied the law to the facts offered in evidence.