Meeks v. Sims

Citations

• 84 Ill. 422

Syllabus

<p>1. Mechanic’s lien—time for filing petition by sub-contractor. A petition to enforce a lien by a sub-contractor is in time if filed within three months after the money becomes clue to the original contractor, although it is more than three months after it is due from the original contractor to such sub-contractor.</p> <p>2. Same—not discharged by receiving an order for the money, unless received as absolute payment. The acceptance by the owner of a building of an order drawn on him by the contractor, in favor of a sub-contractor, for the amount due such sub-contractor for labor or material furnished in the construction of a building, unless received by such sub-contractor as absolute payment, is not a discharge of his lien on the building.</p> <p>3. Sub-contractor—need not consolidate Ms claim with oth&i' claims in a suit before justice. A sub-contractor does not lose his lien on a building ■ by failing to consolidate his claim for labor thereon with other claims, in a suit against the original contractor before a justice of the peace, such other claims only in no way connected with the lien sought to be enforced.</p> <p>4. Parties—to petition for a mechanic's lien. It is not necessary to make any one a party to a petition to enforce a mechanic’s lien, who may have done work on the same building, unless he has an interest therein. If he has been paid for his work, or has no interest in the property, he is not only not a necessary party, but it would be improper to make him a party.</p>