Judson v. Stephens

Citations

• 75 Ill. 255

Syllabus

<p>1. Bill op beview. A bill of review may be brought upon error inlaw and could not fairly have been used when the decree was made.</p> <p>3. Same—must give copy of the entire record, except the evidence. The object of a bill of review being to bring before the court for inspection the record of the proceedings sought to be reviewed, so that the court can, on inspection, determine if there is error upon the face of the decree, the bill will be defective, if it fails to set out a complete copy of the original bill, answer and decree. Such a bill should set out every thing except the evidence upon which the decree was rendered.</p> <p>3. Same —performance before filing. Where a decree in a proceeding to enforce a mechanic’s lien decreed the sale of the interest of the landlord, under a contract made by his tenant without his knowledge, and required the tenant to pay the sum found due, and in default of his payment, that the fee in the premises be sold, it was held that the landlord was not bound to pay the debt in order to enable him to maintain a bill of review.</p> <p>4. Mechanic’s lien —for work done for tenant. Where a tenant contracts for the erection of a building, etc., without the knowledge and approval of the landlord, this will not give the workman any lien upon the title of the landlord. The interest of the tenant alone should be decreed to be sold, and it is error to order the sale of the landlord’s title.</p> <p>5. Where a petition for a mechanic’s lien shows that the person for whom the work and labor were performed was only a tenant, the landlord, though made a party and served, cannot place his rights and interest in any better position by answering. In such a case a decree directing a sale of .the fee is not authorized by the petition.</p> <p>6. Chancery practice—defects in biU, how reached. The correct practice to reach defects in a bill in chancery is to demur. When it is sought to give a motion to dismiss the effect of a demurrer, it should bring