Freibroth v. Mann

Citations

• 70 Ill. 523

Syllabus

<p>1. Mechanic’s lien—decree—time for payment. Since the act of 1872, allowing redemption from sales in mechanic’s lien cases, it is no longer necessary that the decree for the sale of the premises should give time in which the defendant shall pay the sum found to be due.</p> <p>2. Former decisions. The ground of the decisions in Link v. Architectural Iron Works, 24 Ill. 551, and Rowley v. James, 31 Ill. 298, that the decree in a proceeding to enforce a mechanic’s lien should fix a time for the payment of the money, was that there was then no redemption from the sale under such decree, but as redemption is now allowed, the rule in those cases no longer obtains.</p> <p>3. Default—setting aside. Where the defendant in a proceeding to enforce a mechanic’s lien, fails to answer on or before the day on which the cause is set for trial on the docket, and his default is taken, in the absence of sufficient cause shown it is not error to refuse to set aside the default, either at the same, or the next succeeding term. And in such case, if the court imposes terms as a condition to opening the default, it is no error.</p> <p>4. Set-off—under what state of pleadings. In a proceeding for a mechanic’s lien, where the defendant has failed to answer, and a default entered against him, he has no right to have a distinct debt due him from the petitioner, in nowise connected with the subject matter of the suit, set-off against his indebtedness. Under such a state of pleadings a set-off can not be allowed.</p>