Mills v. Heeney

Decided April 15, 1864

Illinois Supreme Court · decided 1864-04-15

Writ of Error to the Superior Court of Chicago. This was a proceeding to enforce a mechanic’s lien brought by defendants in error against plaintiff in error in the Superior Court of Chicago.

Relies on Udall v. The Steam-ship Ohio · Link v. Architectural Iron Works · Carter v. Lewis

Good law ✅— No negative treatment on recordhow we know

Decided 1864-04-15

How this case has been cited

Cited by 7 later decisions — most recently May 1917

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Beckwith

¶1delivered the opinion of the Court:

¶2An established rule of practice in this State requires decrees in chancery, directing the sale of real estate for the non-payment of money, to give at least ninety days for its payment where there is no right of redemption from the sale. 24 Ill. 551; 27 id. 497; ib. 23; 28 id. 457.

¶3A decree in a suit to enforce a mechanic’s lien should not be rendered for a larger sum than is claimed by the petition, and interest from the time it was filed, where it asserts no claim for interest. 29 Ill. 500; 17 How. 17. In other respects the decree of the court below was correct. It will be reversed and the cause remanded.

¶4Decree reversed.