Moser v. Matt

Decided April 15, 1860

Illinois Supreme Court · decided 1860-04-15

This is a case of a mechanics’ lien. There was a demurrer to the bill, because it did not allege that any specific time was agreed upon, when the contract was made, within which the work provided for therein was to be' completed. The demurrer was sustained in the court below, and the plaintiff in that court brings the case to this.

Cited by 2 later decisions — most recently April 1866

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-04-15

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Breese, J.

¶1We see nothing in this case to take it out of the cases heretofore decided by this court. It is essential, a definite time shall be alleged for the completion of the work. We cannot imply a time. We adhere to the opinions and rulings in Cook v. Heald, 21 Ill. R. 425; Same v. Vreeland, ib. 431; Cook v. Rofinot, ib. 437; Senior v. Brebnor, 22 Ill. R. 252; McClurken et al. v. Logan et al., 23 ib. 79. We can see no difference in principle between the cases, and deem it useless to go again into the argument.

¶2The judgment of the court below is affirmed.

¶3Judgment affirmed.