First Baptist Church v. Andrews

Citations

• 87 Ill. 172

Syllabus

<p>1. Mechanic’s lien—right to execution in first instance. In a proceeding by a sub-contractor to enforce a lien against a building, it is error to award an execution, in the first instance, against the defendants. That writ can be issued only for the balance due after sale of the property upon which the lien exists.</p> <p>2. Where the suit of a sub-contractor is personal against the owner and principal contractor, and not against the property, the judgment must, be personal, as in other cases, and it can be enforced only by a general execution.</p> <p>3. Practice in Supreme Court—remandment with directions. Where a decree was modified in this court, the cause was remanded with directions to the court below to execute the decree as modified.</p>