Arbuckle v. Illinois Midland Railway Co.

Citations

• 81 Ill. 429

Syllabus

<p>1. Lien—on railroad property for labor and material furnished. Under the act of 1861 relating to liens on railroads, no one is entitled to a lien unless his contract was directly with the railroad company, and he commences proceedings to enforce it within three month after an action accrues to him.</p> <p>2. Same—under act of April 3, 1872. The act of April 3,1872, (Session Laws, 279), which gives sub-contractors a lien upon railroads for labor and materials furnished, relates only to labor and materials furnished after its passage, and gives no right to a lien for labor and materials furnished before its passage.</p> <p>3. Remedy—against consolidated railroad company—whether at law or in equity. Where a consolidated company becomes, by virtue of the con. solidation, liable for the debts of the companies composing it, the credi tor’s remedy is complete and adequate at law, and a court of equity will not assume jurisdiction to enforce it.</p>