{
  "id": 5120123,
  "name": "Carey-Lombard Lumber Company v. Fullenwider",
  "name_abbreviation": "Carey-Lombard Lumber Co. v. Fullenwider",
  "decision_date": "1893-08-04",
  "docket_number": "",
  "first_page": "508",
  "last_page": "509",
  "citations": [
    {
      "type": "official",
      "cite": "50 Ill. App. 508"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 262,
    "char_count": 4308,
    "ocr_confidence": 0.473,
    "sha256": "de1a2eb09da717618462b690fe6b0d5736fe55a1e26f153bbf24bb7d81673005",
    "simhash": "1:334b17cdf81f7c38",
    "word_count": 730
  },
  "last_updated": "2023-07-14T15:57:42.711650+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Carey-Lombard Lumber Company v. Fullenwider."
    ],
    "opinions": [
      {
        "text": "Opinion of the Court,\nGary, P. J.\nOne Leinhart contracted with Fullenwider to build for him a house, and with the appellant for the lumber for it.\nWhen only a trifling amount of lumber, and that subsequently paid for, had been furnished, the appellant served upon Fullenwider a notice in the form provided in section 30 of the Lien Act. The question on this record is, may a \u201c sub-contractor, mechanic, workman or other person \u201d (Sec. 29) who has engaged to work for a contractor in building a house, or to furnish material therefor, by a notice to the owner, before any work is done or material furnished, stop all dealings between the owner and \"contractor, or, if the owner thereafter pay the contractor anything, is it at the peril of being compelled to pay the party giving the notice for work done, or material furnished, after the owner had so paid % The inconvenient consequences of such a construction are obvious.\nA mason builder, for example, undertakes to build complete. He makes contracts for his brick and stone, and subcontracts for the carpenter work, the plumbing, sewerage and gas-fitting, plastering, painting and glazing, etc. His means and credit enable him to excavate and construct the basement walls, and his contract with the owner entitles him to a payment when the first floor joists are on.\nThe carpenter has done his part on the credit of the contractor, and is also then entitled to a payment, but the plumber, gas-fitter, hardware man, the roofer and lightning rod man, the painter and glazier, have all served notices, though nothing in their several departments can be done until the walls are up.\nThe statute does not contemplate that the notice shall be given before the work is done, or material furnished, though it may be given before the money is due. Sections 29 and 35 relate to the same matter, and in the latter the demands which come within the purview of the statute are described as \u201c due or to become due \u201d * \"\" \u201c for work done or material furnished;\u201d not such as may possibly accrue by subsequent events, the happening of which can not be foretold.\nThere is, therefore, no reason to do violence to the language of section 31, which requires the notice to be served \u201c within forty days from the completion of such sub-contract, or within forty days after payment should have been made.\u201d In the connection in which the word is used \u201c from \u201d means \u201c after.\u201d In its ordinary sense it indicates departure, not approach; going away, not coming.\u2014Webster.\nThe demurrer to the petition was rightly sustained, and the decree dismissing it is affirmed.",
        "type": "majority",
        "author": "Gary, P. J."
      }
    ],
    "attorneys": [
      "Israel Cowen, attorney for appellant.",
      "James A. Fullenwider, pro se."
    ],
    "corrections": "",
    "head_matter": "Carey-Lombard Lumber Company v. Fullenwider.\n1. Mechanics\u2019 Lien\u2014Notice Under Section SO\u2014A. sub-contractor, mechanic, workman or other person, under section 29 of chapter 82, R. S., entitled \u201c Liens,\u201d who has engaged to work for a contractor in building a house, or to furnish material therefor, can not by a notice to the owner, before any work is done or material furnished, stop all dealings between the owner and contractor.\n2. Mechanics\u2019 Lien\u2014Construction of the Statute.\u2014The statute, chapter 82, R. S., entitled \u201c Liens,\u201d does not contemplate that the notice under section 30 shall be given before the work is done, or material furnished, though it may be given before the money is due. \u25a0 Sections 29 and 35 relate to the same matter, and in the latter, the demands which come within the purview of the statute are described as \u201c due, or to become due\u201d \u201cfor work done or material furnished;\u201d not such as may possibly accrue by subsequent events, the happening of which can not be foretold.\n3. Mechanics\u2019 Liens\u2014Construction of Section SI.\u2014In section 31 of chapter 82, R. S., entitled \u201c Liens,\u201d requiring a notice to be served within forty days from the completion of the sub-contract, or within forty days after payment should have been made, it was held, that in the connection in which the. word is used, \u201c from\u201d means \u201c after.\u201d\nMemorandum.-\u2014Mechanics\u2019 lien. In the Circuit Court of Cook County; the Hon. Lobin C. Collins, Judge, presiding. Petition for lien; judgment for defendant, on demurrer; appeal by petitioner. Heard in this court at the March term, A. D. 1893, and affirmed.\nOpinion filed August 4, 1893.\nThe opinion states the case.\nIsrael Cowen, attorney for appellant.\nJames A. Fullenwider, pro se."
  },
  "file_name": "0508-01",
  "first_page_order": 504,
  "last_page_order": 505
}