Jennings v. Hinkle

Citations

• 81 Ill. 183

Syllabus

<p>1. Party—mechanic’s lien. Where a corporation, with whom a contract was made for materials with which to erect a building, ceases to exist, as, a church, and it becomes disorganized, it is not necessary to make such body a defendant on petition to establish and enforce a mechanic’s lien.</p> <p>2. Chancery—preserving evidence. The practice has never obtained, in suits to enforce mechanic’s liens, to preserve the evidence in the record as necessary to support the decree.</p> <p>3. Same—effect of finding in decree. Where a decree finds all the material facts alleged in a bill or petition to be true, a party complaining that the proof does not justify the finding, should preserve the evidence in the record, or it will be presumed it warranted the finding.</p> <p>4. Limitation—mechanic’s lien. As between a mechanic or material-man and the principal debtor, the limitation clause in the statute relating to mechanics’ liens has no application.</p>