31 Ill. 298
Decided April 15, 1863
Illinois Supreme Court · decided 1863-04-15
Writ of ERROR to the Circuit Court of Lake county; the Hon. George MaNIerre, Judge, presiding. This was a proceeding commenced in the Circuit Court, on the 9th day of October, 1856, by George James against E. G. Phelps and Curtis M. Eowley, to enforce a mechanics’ lien. The petition set forth that in the month df May, 1856, the petitioner, James, was engaged in the business of painting, at the town of Waukegan, in Lake county.
Cited by 1 later decisions — most recently September 1873
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1863-04-15
View the full empirical analysis of this case →
¶1delivered the opinion of the Court.
¶2A.11 of the errors are well assigned in this case. Neither the petition, nor the proof, makes out a lien under the statute of 1845, which controls this contract. No time was specified for the completion of the work, or the payment of the money. Indeed, the petition is upon an implied contract. We have so often decided these questions that their further consideration is unnecessary.
¶3The decree is reversed, and the suit remanded.
¶4Decree reversed.