{
  "id": 5220758,
  "name": "Green & Lombard Lumber Co. v. Lewis R. Bain, Jacob Lilley, The Northern Trust Co., and Unknown Owners",
  "name_abbreviation": "Green & Lombard Lumber Co. v. Bain",
  "decision_date": "1898-07-21",
  "docket_number": "",
  "first_page": "17",
  "last_page": "18",
  "citations": [
    {
      "type": "official",
      "cite": "77 Ill. App. 17"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "43 Ill. App. 558",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5054060
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/43/0558-01"
      ]
    },
    {
      "cite": "64 Ill. 502",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5307719
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/64/0502-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 214,
    "char_count": 3123,
    "ocr_confidence": 0.575,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.15659040353317896
    },
    "sha256": "1854b95f28063b78ba36a834fb375659942ea19c3b21aa85fc4b9c983554a28f",
    "simhash": "1:79230ebd91bc3108",
    "word_count": 534
  },
  "last_updated": "2023-07-14T16:36:43.320990+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Green & Lombard Lumber Co. v. Lewis R. Bain, Jacob Lilley, The Northern Trust Co., and Unknown Owners."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Sears\ndelivered the opinion of the court.\nAppellant filed its petition to enforce a mechanic\u2019s lien against appellees. Appellee Bain, who is owner of the property upon which lien is sought, filed a demurrer to the petition. The demurrer was sustained and the petition dismissed. The only question as to the propriety of the decree dismissing the petition arises by reason of the form of the notice given to appellee Bain by appellant. The lien accrued under the statute of 1895. The notice served is as follows:\nNotice of Lien.\nTo L. R. Bain : You are hereby notified that the Green & Lombard Lumber Co., a corporation, etc., under the laws of the State of Illinois, having its principal office in Chicago, has been employed by Jacob Lilley, a contractor, to furnish lumber, material, etc., upon your building at Flournoy and Kedzie Ave., in Chicago, in the county of Cook and State of Illinois, and that it will hold the building and your interest in the grounds liable for the amount of $489.22 dollars, due it on account thereof.\nDated this 4th day of February, A. D. 1897.\nGreen & Lombard Lumber Co.\nBy George Green, President.\u201d\nThe petition to enforce the lien was filed on June 15, 1897.\nAppellant was a sub-contractor, or party furnishing materials. The statute requires that to preserve his lien against the owner, a sub-contractor, or party furnishing materials, must give a notice to the. owner which, among other things, must show the amount due or to become due, and when it became or will become due.\nIf this notice can be held to comply with the requirement of the statute, it must be by construing it to state the amount therein named to be due at the date of the notice, viz., February 4, 1897.\nBut the statute also provides that suit to enforce such lien must be begun within four months after the time that the final payment is shown to be due to the sub-contractor or party furnishing materials. This suit was begun on June 15,1897, after the expiration of the four months. Such statutory provisions are enforced by the courts. Huntington v. Barton, 64 Ill. 502; Rittenhouse v. Sable, 43 Ill. App. 558.\nThe demurrer was properly sustained.\nThe decree is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Sears"
      }
    ],
    "attorneys": [
      "Levi Sprague, attorney for appellant.",
      "Howard Collvee, attorney for appellees."
    ],
    "corrections": "",
    "head_matter": "Green & Lombard Lumber Co. v. Lewis R. Bain, Jacob Lilley, The Northern Trust Co., and Unknown Owners.\n1. Mechanics\u2019 Liens\u2014Sub-Contractors\u2014Notice.\u2014A sub-contractor .or party furnishing materials, in order to preserve his lien, must give a notice to the owner showing the amount due or to become due and when it became due or will become due.\n2. Same\u2014Suit to Enforce Mens\u2014When to be Commenced.\u2014A suit to enforce a sub-contractor\u2019s lien must be commenced within four months after the time that the final payment is shown to be due to the sub-contractor or party furnishing materials.\nPetition to Enforce a Mechanic\u2019s Lien.\u2014Trial in the Superior Court of Cook County; the Hon, Henry V. Freeman, Judge, presiding. \u25a0 Hearing and petition dismissed. Appeal by petitioner.\nHeard in this court at the March term, 1898.\nAffirmed.\nOpinion filed July 21, 1898.\nLevi Sprague, attorney for appellant.\nHoward Collvee, attorney for appellees."
  },
  "file_name": "0017-01",
  "first_page_order": 19,
  "last_page_order": 20
}
