Clarke v. Boyle

Citations

• 51 Ill. 104

Syllabus

for the appellee.,",",<p>1. Error \will not always reverse—0/ improper instrúctiiks. Where an instruction professes to set forth the rule fixing the liability of a party, omits an essential element to such liability, but such omission is so clearly supplied by the proof in the case that the error could work iió injury, the judgment will not be reversed because of such erroneous instruction.</p> <p>2. Mechanics’ lien—is a proceeding in chanc&i'y and governed by its rides. A proceeding by petition, to enforce a mechanic’s fieii,' is a chancery proceeding, and governed by the rules of chancery practice; and when the petition waives the sworn answer, although the answer be sworn to, it can not be received in evidence, and has no other or greater weight than an answer not sworn to.</p>