{
  "id": 2930393,
  "name": "Albert Cada, Appellant, v. James Sack et al., Appellees",
  "name_abbreviation": "Cada v. Sack",
  "decision_date": "1917-10-02",
  "docket_number": "Gen. No. 23,327",
  "first_page": "328",
  "last_page": "329",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 328"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 209,
    "char_count": 2426,
    "ocr_confidence": 0.611,
    "sha256": "95043394678eed7e6f98d8b00e739ac445b104bfeeb423c9b54f9af1985a6aae",
    "simhash": "1:4dae49bf780d2088",
    "word_count": 412
  },
  "last_updated": "2023-07-14T19:52:34.192092+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Albert Cada, Appellant, v. James Sack et al., Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dever\ndelivered the opinion of the court.\n3. Mechanics\u2019 liens, \u00a7 93 \u2014 when claim for lien may he enforced. No lien can be enforced even as against the owner of property unless a claim for a mechanic\u2019s lien is filed, or suit to enforce the lien begun, within four months after the last payment on a building contract.",
        "type": "majority",
        "author": "Mr. Justice Dever"
      }
    ],
    "attorneys": [
      "Edward J. Herdlicka, for appellant.",
      "Walter Truc, for appellees."
    ],
    "corrections": "",
    "head_matter": "Albert Cada, Appellant, v. James Sack et al., Appellees.\nGen. No. 23,327.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Mechanics\u2019 liens, \u00a7 5 \u2014 how act construed. The Mechanics\u2019 Liens Act is in derogation of the common law. It confers special favors and privileges upon one class of creditors, and while it should be construed so as to give effect to the evident purpose and intention of the Legislature, its meaning cannot' be extended, nor can there be conferred upon this favored class of creditors rights and privileges not within the language of the act.\n2. Mechanics\u2019 liens, \u00a7 92* \u2014 who is purchaser of property within statute. A wife of the owner of a building, to whom the property is deeded without consideration, is a \u201cpurchaser\u201d within the Mechanics\u2019 Liens Act, sec. 7 (J. & A. *|f 7145), providing that no contractor shall be allowed to enforce such lien against or to the prejudice of any other creditor or incumbrancer or purchaser, unless within four months after completion, he shall either bring suit to enforce his lien therefor or shall file his claim for lien, and her rights will be protected, especially where the contractor has constructive notice, due to the recording of the deed, of the transfer three months prior to the expiration of the four months\u2019 period.\nAppeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in this court at the March term, 1917.\nAffirmed.\nOpinion filed October 2, 1917.\nStatement of the Case.\nBill by Albert Cada, a building contractor, complainant, against James Sack and others, defendants, for foreclosure of a mechanic\u2019s lien on a building owned by James Sack and conveyed to his wife, Amalie Sack, and of which a trust deed was executed as security for a loan. From a decree dismissing the bill, complainant appeals.\nEdward J. Herdlicka, for appellant.\nWalter Truc, for appellees.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic aj)\u00edJ geetion number."
  },
  "file_name": "0328-01",
  "first_page_order": 354,
  "last_page_order": 355
}