{
  "id": 5819963,
  "name": "Richard Hansen, Appellant, v. Peter J.. Muldoon and Harry M. Quinn, Appellees",
  "name_abbreviation": "Hansen v. Muldoon",
  "decision_date": "1918-04-09",
  "docket_number": "Gen. No. 6,522",
  "first_page": "513",
  "last_page": "514",
  "citations": [
    {
      "type": "official",
      "cite": "210 Ill. App. 513"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 223,
    "char_count": 3054,
    "ocr_confidence": 0.545,
    "pagerank": {
      "raw": 5.298132930532853e-08,
      "percentile": 0.3337202284766409
    },
    "sha256": "698618305169c14ae0c693f30e2a293cca6654a2c43f872bfd098f09d58ef794",
    "simhash": "1:fd580f38f08aa088",
    "word_count": 506
  },
  "last_updated": "2023-07-14T16:15:15.348169+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Bichard Hansen, Appellant, v. Peter J.. Muldoon and Harry II. Quinn, Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Niehaus\ndelivered the opinion of the court.\n3. Mechanics\u2019 liens, \u00a7 113*\u2014when subcontractor entitled to Tien after abandonment of contract. Where the original contractor abandons his contract and fails to carry it out, it is necessary to prove that the owner was indebted to the original contractor, under the contract, before a lien can be enforced against the owner for the benefit of a subcontractor.\n4. Mechanics\u2019 liens, \u00a7 196*\u2014when not shown that owner indebted to contractor at time of service of notice of lien by subcontractor. On a bill by a subcontractor against the contractor and the owner to establish a mechanic\u2019s lien \u25a0 for work, labor and material furnished before abandonment of the contract by the contractor, evidence held insufficient to show that at the time of service of notice of a lien there was money due the contractor from the owner.\nOn Petition fob Reheabing.\nEquity, \u00a7 479 \u2014denial of relief not based upon pleadings. A subcontractor seeking to establish a mechanic\u2019s lien, in a suit against the owner and contractor, cannot have relief upon grounds not stated in his pleadings.",
        "type": "majority",
        "author": "Mr. Justice Niehaus"
      }
    ],
    "attorneys": [
      "Atwood, Pease & Loucks, for appellant.",
      "David B. Joslyn and Edward D. Shurtleff, for appellees."
    ],
    "corrections": "",
    "head_matter": "Bichard Hansen, Appellant, v. Peter J.. Muldoon and Harry II. Quinn, Appellees.\nGen. No. 6,522.\n(Not to be reported in full.)\nAbstract of the Hecision.\n1. Appeal and error, \u00a7 1165 \u2014when court will look into whole record. In determining, on appeal, the question whether a subcontractor is entitled to a lien, the court will look into the whole record presented.\n2. Mechanics\u2019 liens, \u00a7 113*\u2014what are rights of subcontractor as to lien on' funds due contractor completing work under new agreement with owner. Where a building contractor abandons the contract, but completes the building under an arrangement with the owner, the latter has the right to use any money that remains in his hands, which would have been due and payable to the contractor had he completed the contract, for the purpose of finishing the job, and a subcontractor under the original contract can only acquire a lien to reach, the balance that remains in the hands of the owner after paying what is necessary to expend in completing the job according to the contract.\nAppeal from the Circuit Court of McHenry county; the Hon. Charles H. Donnelly, Judge, presiding.\nHeard in this court at the October term, 1917.\nAffirmed.\nOpinion filed April 9, 1918.\nRehearing denied May 14, 1918.\nStatement of the Case.\nBill by Bichard Hansen, complainant, against Peter J. Muldoon, as Catholic Bishop of Bockford, and Harry M. Quinn, defendants, to establish a mechanic\u2019s lien as subcontractor on a building owned by Peter Muldoon, as Catholic Bishop of Bockford, and constructed by said Quinn as contractor. Prom a decree dismissing the hill for want of equity, complainant appeals.\nAtwood, Pease & Loucks, for appellant.\nDavid B. Joslyn and Edward D. Shurtleff, 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 and section number."
  },
  "file_name": "0513-01",
  "first_page_order": 539,
  "last_page_order": 540
}