Crandall v. Lyon

• Decision Date: 20 December 1900
• Citation: 58 N.E. 972,188 Ill. 86
• Parties: CRANDALL v. LYON et al.
• Court: Illinois Supreme Court

188 Ill. 86

58 N.E. 972

CRANDALL

v.LYON et al.

Supreme Court of Illinois.

Dec. 20, 1900.

Appeal from appellate court, First district.

Petition for a mechanic's lien by H. & T. Mellin against Thomas R. Lyon and others. From a decree of the appellate court (90 Ill. App. 265) affirming a decree for defendant Lyon, cross petitioner Roland A. Crandall appeals. Reversed on cross error.

Albert N. & Edw. P. Eastman, for appellant.

W. W. Gurley, and Wm. Garnett, Jr., for appellees.

BOGGS, C. J.

In December, 1893, there was pending in the superior court of Cook county a proceeding in chancery, being a petition for a mechanic's lien filed by H. & T. Mellin against the appellee Gary, Effie D. Shuman, Alexander F. Shuman, and the appellant, Roland A. Crandall. The appellant, Crandall, filed a cross petition, praying for a decree establishing a mechanic's lien in his favor against the real estate involved in the original petition, for certain labor, painting, glazing, papering, etc., furnished by the cross petitioner in the erection and completion of a building on the premises. This cross petition made the appellee Lyon a party defendant, alleging said Lyon was the owner of a mortgage lien on the premises, but charging that said mortgage lien was subsequent to the lien of the cross petitioner. On the hearing of the issue made under the cross petition, all other issues and contentions having been adjusted and settled, the superior court found and decreed the appellant was entitled to a lien upon the premises as set forth in the cross petition, save that it was secondary to the lien of the mortgage given to the appellee Lyon. The appellate court for the First district, on an appeal prosecuted by the appellant, Crandall, affirmed the decree, and this is a further appeal to this court.

The statute in force under which appellant claimed the lien in his favor was that enacted May 31, 1887 (Laws 1887, p. 219). Section 4 of the act is as follows: ‘Every creditor or contractor who wishes to avail himself of the provisions of this act shall file with the clerk of the circuit court of the county in which the building, erection or other improvement to be charged with the lien is situated, a just and true statement, or account or demand due him after allowing all credits, setting forth the times when such material was furnished or labor performed, and containing a correct description of the property to be charged with the lien, and verified by an affidavit.’ In the appellate court appellees assigned as ground of cross error that the appellant had not filed with the clerk of the circuit court of Cook county the statement or account or demand in the manner required by the provisions of said section 4, and for that reason the superior court erred in finding the appellant was entitled to any lien, primary or secondary, under the statute. The same contention is made the ground of an assignment of cross error by the appellees in this court, and, as a further cross error, they also assigned in this court that the appellate court erred in not reversing and remanding the cause, with directions to the superior court to dismiss appellant's cross petition for a lien. Each of these cross errors is, as we think, well assigned. The statement or account or demand filed by the appellant as in compliance with the provisions of said section 4 is (except the affidavit verifying the same, as to which no ground of objection exists) as follows:

‘State of Illinois, County of Cook-ss.:

In the Circuit Court of Cook County.

‘Statement of account due Roland A. Crandall from Effie D. Shuman and Alexander F. Shuman, for which a mechanic's lien is claimed by the said Roland A. Crandall:

Effie D. Shuman and Alexander F. Shuman to Roland A. Crandall, Dr.:

April 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 1893.

May 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 26, 27, 1893.

June 3, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 9, 21, 22, 23, 24, 26, 1893.

July 14, 15, 17, 18, 19, 20, 1893.

For labor and material on the building known as the ‘Colonies Hotel,’ as follows:

For painting, glazing, calcimining, varnishing, and papering, $3,254.50.

‘Said materials and labor above set forth were furnished at the times in said statement mentioned, and the price became due and payable upon the completion of the work, on the 20th day of July, 1893. That the first of said labor and material aforesaid was commenced to be and was furnised on the 10th day of April, 1893, and the last of the same was furnished upon the 20th day of July, 1893, and all of the same was used upon and in the construction and improvement of the building known as the ‘Colonies Hotel,’ standing and situated upon lot twenty-three (23), block one (1), Illinois Central subdivision of the west part of the...