Lake Shore & Michigan Southern Railroad v. McMillan

Citations

• 84 Ill. 208

Syllabus

<p>1. Mechanic’s lien—who may question decree allowing lien. An intervening defendant in a proceeding for a mechanic’s lien, who fails to show any title or interest in the property sought to be affected, has not such a standing in court as will enable him to call in question a decree establishing the lien.</p> <p>3. Answer—sworn answer as evidence. A sworn answer, so far as responsive to the allegations of a petition for a mechanic’s lien, is competent evidence, but in relation to new matter therein set forth, not called for in the petition, is not evidence, but a mere matter of pleading.</p> <p>3. Certificate of evidence—matters not offered on hearing. The circuit court has no power at a term subsequent to the rendition of a decree, to permit evidence not introduced at the hearing, nor until after the decree, to be incorporated into the certificate of evidence, and if it does, such evidence will be stricken out.</p>