Gould v. Garrison

Citations

• 48 Ill. 258

Syllabus

<p>1. Mechanics’ lien—of the service of process by publication in proceedings to enforce—equivalent to personal service. In a proceeding to enforce a mechanic’s lien, where personal service cannot be had upon the parties, notice by publication, duly made, is equivalent to personal service, and such parties are thereby brought within the jurisdiction of the court, and amenable to a decree as well in personam, as in rem.</p> <p>2. Sake —plaintiff entitled to general execution. And in such case, a decree ordering a general execution against the property of the defendant, is in strict accordance with the statute.</p> <p>3. Statutes—-act of 1867 relative to judgments and executions has no reference to sales under decrees in chancery. The statute of 1857, in relation to publishing in newspapers notices of sales on execution, has no application to sales under decrees in chancery.</p> <p>4. Decrees—sales under—governed by the court rendering the decree. The time and mode of advertising, and making sales under decrees, are discretionary with the court, and the officer making such sales must conform strictly to the decree, whatever it may be.</p> <p>5. Mechanics’ lien—in proceedings to enforce against several parties—who make no defence—a lien on the premises generally may be decreed. Where the petition in a mechanic’s lien proceeding against two parties, prayed a discovery of both as to their interests, neither of whom made any answer or defence, and were defaulted, it is no objection in such case, that the petitioners were decreed a lien on the premises generally.</p> <p>6. Same. And in such* case, the decree need not state the respective interests of the parties, and if, thereby, a cloud has been cast upon the title of a party who neglected to make a discovery of his interest, he cannot complain, it being so by his own laches.</p>