The Bd. of Educ. of Dist. No. 3 v. Neidenberger

• Decision Date: 30 June 1875
• Citation: 1875 WL 8419,78 Ill. 58
• Parties: THE BOARD OF EDUCATION OF DISTRICT NO. 3, etc.v.GOTLIEB NEIDENBERGER et al.
• Court: Illinois Supreme Court

78 Ill. 58

1875 WL 8419 (Ill.)

THE BOARD OF EDUCATION OF DISTRICT NO. 3, etc.

v.GOTLIEB NEIDENBERGER et al.

Supreme Court of Illinois.

June Term, 1875.

APPEAL from the Circuit Court of Madison county; the Hon. WILLIAM H. SNYDER, Judge, presiding.

This was a petition filed by Gotlieb Neidenberger and J. George Gerding, partners composing the firm of Neidenberger & Co., against the Board of Education of District No. 3, in town. 3 north, range 8 west of the third principal meridian, for the enforcement of a mechanic's lien for materials furnished by petitioners, as sub-contractors of Wm. H. Phillips & Bro. On the hearing, the court below found a lien in favor of the petitioners, for the sum of $1265, and required payment to be made in thirty days, with costs of suit, and in default thereof ordered sale of the school house and premises, in the usual form.

Mr. A. W. METCALF, for the appellant.

Messrs. IRWIN & KROME, for the appellees.

Mr. JUSTICE WALKER delivered the opinion of the Court:

The only question we deem it necessary to consider in this case is, whether the law securing a mechanic's lien was intended to and does embrace contracts for building or repairing common school houses--whether the directors of a school district, legally organized, represent a body corporate or politic that falls within the meaning of a person, as defined by the statute.

The lien law gives to any person who, by contract with the owner of any tract of land or town lot, shall furnish labor or materials for the erection or repair of any house, etc., a lien on the whole tract of land or town lot, as therein provided. The first section of the act of 1869 gives to a sub-contractor, mechanic, workman, or other person who, in conformity with the terms of the contract with the owner or lessee of any lot or piece of ground, shall perform any labor or shall furnish any materials in building, altering, repairing, etc., of any building, etc., a lien, on the terms therein prescribed.

We shall first inquire whether the statute gives a lien on a school house, as against the directors, trustees or district, to the original contractor, as, if none is given to him it will hardly be contended that the sub-contractor can have a lien. If it was not intended by the General Assembly to subject such property to the lien of the mechanic or material-man, neither contractor or his sub-contractors would have any lien on such property. All persons will see, at a glance, that the policy which dictated the passage of these laws was a desire to secure payment for materials furnished or labor performed in the construction of buildings, and their repair. This was the manifest object of the law. And it will be seen that the same object is accomplished in another mode by section 49, Laws 1857, page 278, which...