Crowl v. Nagle

Citations

• 86 Ill. 437

Syllabus

<p>1. Mechanic’s lieh—limitation of six months. The statute requiring aproceeding to enforce a mechanic’s lien to be brought within six months after the last payment is due, requires that mechanics and material-men shall enforce their rights against all parties having an interest, or claiming an interest, in the premises, by suit to be brought against them within the six months.</p> <p>2. Where suit was brought against the contracting party to enforce a mechanic’s lien within six months after the last payment became due, but an incumbrancer and a purchaser under the incumbrance were not made parties within such time, but were brought into the case by amendment after the expiration of the statutory period, it was held, that no lien could be enforced as against such new parties to affect their rights.</p> <p>3. Same—strict construction. A party seeking to enforce a lien under the statute relating to mechanics’ liens, must, by his pleading, bring himself strictly within its terms, and show his right to the lien as against those made defendants.</p> <p>4. New parties by amendment. Where a new party defendant is brought into a suit to enforce a mechanic’s lien by amendment of the petition, the suit as to him is brought only from the time he is made a party, and it can have no relation back, so far as he is concerned, to the time of bringing suit against the original defendants.</p>