Van Pelt v. Dunford

Citations

• 58 Ill. 145

Syllabus

<p>1. Bill op exceptions—when necessary. Affidavits filed in aid of a motion for a new hearing in a proceeding to enforce a mechanic's lien, which are not made a part of the record by the certificate of the judge who heard the cause, will not be considered by this court.</p> <p>2. Same—presumption From the mere fact that such affidavits appear among the files of the cause, it will not be presumed that they were heard by the court below.</p> <p>3. Mechanics’ lien—limitation claused-construction of statute creating it. The limitation created by the statute, (Gross’ Comp. p 425, sec. 24,) is for the benefit of the creditors, and has no application as between the mechanic or material man, and the principal debtor.</p> <p>4. Ebbob—by whom assignable. And in a proceeding to enforce a mechanics’ lien, where it appears from the record that certain parties, alleged to have been creditors of the appellant, were made parties defendant, and duly served with process, and on the hearing were regularly defaulted, and the bill as to them taken as confessed, errors relating to such persons, they having failed to assert any claim in the court below, or join in the appeal to this court, cannot be alleged by the appellant, to reverse a decree properly rendered against himself.</p>