Voightmann & Co. v. Cross-Conklin Co., 183 Ill. App. 312 (1913)

Nov. 21, 1913 · Illinois Appellate Court · Gen. No. 18,233

183 Ill. App. 312

Voightmann & Company, Plaintiff in Error, v. Cross-Conklin Company et al., Defendants in Error.

Gen. No. 18,233.

(Not to be reported in full.)

Abstract of the Decision.

1. Mechanics’ liens, § 167 ^* —jurisdiction of Municipal Court. The only action on a subcontractor’s claim for a mechanics’ lien cognizable in the Municipal Court of Chicago is an action at law in assumpsit jointly against the owner and contractor under the Mechanics’ Liens Act, § 28, J. & A., jj 7166.

• 2. Mechanics’ liens, § 171 ^* —when process must he served on contractor. A subcontractor suing an owner and contractor under the Mechanics’ Liens Act, § 28, J. & A., j[ 7166, is not entitled to a judgment against the contractor not served by process or publication.

3. Mechanics’ liens, § 202 ^* —when judgment must he against owner and contractor jointly. In a subcontractor’s action in assumpsit under the Mechanics’ Liens Act, § 28, J. & A., T 7166, against the owner and contractor, the judgment must be against the owner and contractor jointly for the whole sum due the subcontractor from the contractor, but can only be enforced against the owner to the extent of his liability under the act, and the judgment should find and recite the amount and date of the. subcontractor’s lien.

Error to the Municipal Court of Chicago; the Hon. William C. DeWolf, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.

Affirmed.

Opinion filed November 21, 1913.

Rehearing denied December 8, 1913.

Statement of the Case.

Claim of Voightmann & Company as subcontractors against Cross-Conklin Company, a corporation, Irving Schoenbrun and Samson Schoenbrun, for a mechanics’ lien. From a judgment for defendants, plaintiff brings • error.

J. H. Perkinson, for plaintiff in error.

Adler & Lederer, for defendants in error.

* See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

* See Illinois Notes Digest, Vols. XI to XIV, same topic and section number*

Mr. Justice Duncan

delivered the opinion of the court.

4. Mechanics’ liens, § 202 ^* —when judgment may he rendered against contractor. Where in a subcontractor’s action in assumpsit under the Mechanics’ Liens Act, § 28, J. & A., If 7166, against the owner and contractor, no lien is established against the owner, judgment may he rendered against the contractor.

5. Process, § 2 ^* —party served with, summons must he made defendant. Serving a summons on a party without making him a party defendant to the suit does not make him a party defendant.