Carney v. Tully

Citations

• 74 Ill. 375

Syllabus

<p>1. Mechanics’ lien—notice by sub-contractor. The notice provided in the mechanics’ lien law, to be given by a snb-contractor to the owner of the property, to hold him liable, must be in writing, and must be served personally. Service by mail is insufficient to charge him.</p> <p>3. Same—law strictly construed. The statute in relation to mechanics’ liens, being in derogation of the common law, those claiming its benefits must bring themselves clearly within its provisions.</p> <p>3. Evidence —jury bound to regard same. A jury has no right to disregard the testimony of three witnesses as to a fact, in opposition to that of one only, from mere caprice, but are bound to give it its just weight.</p>