{
  "id": 2850547,
  "name": "Herbert Boiler Company, Defendant in Error, v. Sarah Jane Lewis and James A. Riggs, Plaintiffs in Error",
  "name_abbreviation": "Herbert Boiler Co. v. Lewis",
  "decision_date": "1914-03-10",
  "docket_number": "Gen. No. 19,143",
  "first_page": "384",
  "last_page": "385",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 384"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 173,
    "char_count": 2545,
    "ocr_confidence": 0.513,
    "pagerank": {
      "raw": 4.947487136851577e-08,
      "percentile": 0.3114853414233803
    },
    "sha256": "7c573f4cd26cf995a998626654cd5d37ae368adecbe0dde0e7e1f8e2640bd48e",
    "simhash": "1:df46b2b784aae3c7",
    "word_count": 435
  },
  "last_updated": "2023-07-14T19:43:38.716309+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Herbert Boiler Company, Defendant in Error, v. Sarah Jane Lewis and James A. Riggs, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\nThis was a suit brought by a subcontractor against the contractor and owners of certain premises for which materials were furnished by the former. Default and judgment were taken against the contractor for want of an affidavit of merits and on plaintiff\u2019s motion the suit was dismissed as to one of the owners, the husband of plaintiff in error.\nSection 28 of the Mechanics\u2019 Lien Law (J. & A. if 7166) provides: \u201cAll suits and actions by subcontractors shall be against both the contractor and owner jointly, and no decree or judgment shall be rendered therein until both are duly brought before the court. * * * All such judgments, where the lien is established, shall be against both jointly,\u201d etc.\nManifestly the word \u201cowner\u201d must be construed to mean \u201cowners\u201d where the title to the premises is held by more than one person. The only proof on the subject, and that was introduced by plaintiff, was that Mr. and Mrs. Lewis were the owners of the premises in question. It was improper, therefore, to dismiss him out of the case. Under the statute he was a necessary party to the action. The judgment, being against one and not all the owners of the property as well as the contractor, was improperly entered, and will be reversed and the cause remanded.'\nReversed and remoulded.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Edward H. Morris, for plaintiff in error, Sarah J. Lewis.",
      "Paul Larmer, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Herbert Boiler Company, Defendant in Error, v. Sarah Jane Lewis and James A. Riggs, Plaintiffs in Error.\nGen. No. 19,143.\n1. Mechanics\u2019 liens, \u00a7 173*\u2014word \u201cowner\u201d construed. The word \u201cowner\u201d in section 28 of the Mechanics\u2019 Lien Law (J. & A. If 7166), providing that \u201call suits and actions by subcontractors shall be against both the contractor and owner jointly,\u201d etc., must be construed to mean \u201cowners\u201d where the title is held by more than one person.\n2. Mechanics\u2019 liens, \u00a7 202*\u2014when judgment improperly entered against one of the owners. In a suit by a subcontractor against the contractor and two persons who were owners of the premises to recover for materials furnished and for a mechanic\u2019s lien, the suit was dismissed as to one of the owners and judgment was entered against the other owner and the contractor. Held that the judgment was erroneous as not being entered against all the owners of the property.\nError to the Municipal Court of Chicago; the Hon. Feed C. Hill, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1913.\nReversed and remanded.\nOpinion filed March 10, 1914.\nEdward H. Morris, for plaintiff in error, Sarah J. Lewis.\nPaul Larmer, for defendant in error."
  },
  "file_name": "0384-01",
  "first_page_order": 410,
  "last_page_order": 411
}