Schnell v. Clements

Citations

• 73 Ill. 613

Syllabus

<p>1. Mechanic’s libn—against estate hy the curtesy, can not affect the rights of wife. Where property belongs to a married woman, subject to an estate by the curtesy in her husband, she has no such interest in the subject matter of a suit to enforce a mechanic’s lien against her husband’s estate in the property, as to entitle her to become a party to such suit, either on her own application or that of other parties, nor can her interest in the property be affected in such suit.</p> <p>2. Same—consolidating suits. It is proper to consolidate suits brought by a contractor against the owner of ground, to enforce a mechanic’s lien, and a like suit brought by a sub-contractor against such owner and principal contractor, where both suits relate to the same subject matter.</p> <p>3. Same—decree, as between contractor and sub-contractor. Where the jury finds that there is due from the owner of a building to the contractor a certain sum, and from said contractor to a sub-contractor, who was a party to the suit, another sum, it is proper for the court to put the verdict in form by finding in the decree that there is due from the owner to the contractor the aggregate of both sums, out of which aggregate there is due from the contractor to the sub-contractor the sum so found by the verdict to be due to him.</p>