James v. Hambleton

Citations

• 42 Ill. 308

Syllabus

<p>1. Sabes without redemption—time to le allowed for payment of money. 'It is error to order a sale of premises when there is no redemption, as on a decree to enforce a mechanic’s lien, in less time than the life-time of an execution.</p> <p>2. Mechanics’ lien-—of apportioning the same among different lots. Where materials are furnished for the erection of an entire block of buildings, all compact as one building, and under one roof, it is proper to decree the mechanics’ lien against the entire block, although it may be built upon several lots of ground; and it is not necessary, in such case, that the lien should be •apportioned among the lots, respectively, according to the value of the materials furnished, upon each.</p> <p>3. Rule to plead—in proceedings to enforce a mechanics’ lien. It is not necessary, to authorize a default in such proceeding against a party who is brought into court by publication, that a rule should be taken against him to plead or answer before the default is entered.</p> <p>4. Notice by publication—in proceedings to enforce a mechanics’ lien—■ necessity of am, order of court therefor. It is not necessary that there should be an order of court authorizing notice by publication, in a proceeding to enforce a mechanics’ Ren. This notice is governed by the chancery practice, and is made by the clerk, on proper affidavit filed, and without any order of court.</p>