Martin v. Eversal

Citations

• 36 Ill. 222

Syllabus

<p>1. Sworn answer—measwre of proof. The evidence of two witnesses is sufficient to overcome the statement in a sworn answer.</p> <p>2. Allegation and proof — they must correspond. The allegation in a bill, that the contract was, that complainant and his under workmen were each to perform a certain number of days labor, to commence on a particular day, and to. end on another specified day, is not sustained by proof that the labor commenced and ended on different days from those alleged.</p> <p>3. Amendment — on (he trial. Chancery practice allows the amendment of a bill, on the hearing, to correspond with the proof, without continuing the case, unless it essentially changes the case made by the bill.</p> <p>i. Mechanics’ men —the contract. If it appears that materials furnished were used in the erection of the building, on which a lien is claimed, unless it appears that they were intended for another purpose, it will be presumed that they had been contracted for, to be used in the building.</p> <p>5. Decree. It is correct practice not to render a decree for the sale of the property on a mechanics’ lien, where there are several claimants of liens, until all of their rights are found and determined.</p>