Thielman v. Carr

Citations

• 75 Ill. 385

Syllabus

<p>1. Chancery practice—consolidation of causes. While the general chancery practice is opposed to the consolidation of cases having different parties and involving different rights, yet such a practice is proper when the litigation grows out of the enforcement of mechanics’ liens under the statute, and may be necessary, in some cases, to enable the court to settle and adjust the rights of the various lien holders, or those claiming liens.</p> <p>2. Same — defendant may make his answer a crossMll. The defendant m a chancery suit may, after fully answering the complainant’s bill, state new matter, entitling him to affirmative relief, as he would in a cross-bill, and pray, in conclusion, for the relief sought, or, in other words, may make his answer a cross-bill as well as an answer, and have affirmative relief thereon.</p> <p>3. Same — crossMll not necessary in mechanics’ lien case. In proceedings to declare and enforce mechanics’ liens under the statute, it is not necessary for a defendant who claims a lien to file a formal cross-bill to entitle him to relief. The proceeding under the statute is to subject the property, not to the payment of the petitioner’s claim alone, but to make it a fund for the satisfaction of all the liens established; and a party, under his answer, whether brought into court by service, or who intervenes, is required to prove his claim, and, when proven, he is entitled to share in the fund.'</p> <p>4. Abatement —pendency of prior suit. Where parties who had commenced suits to enforce liens under the lien law, during the pendency of their suits intervened in a suit in another court, brought to enforce a mechanics’ lien, it was held, that a demurrer was properly sustained to a plea setting up the pendency of their suits, as to allow such a plea would be to defeat the statute requiring all persons in interest to be parties, and,' in many cases, be productive of great delay. Their prior suits would be dismissed after such intervention, on applic