Fehr Construction Co. v. Postl System of Health Building, 209 Ill. App. 237 (1917)

Dec. 21, 1917 · Illinois Appellate Court · Gen. No. 22,920
209 Ill. App. 237

Fehr Construction Company et al., Appellees, v. Postl System of Health Building, on appeal of Chapin & Gore, Appellant.

Gen. No. 22,920. (Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Thomas G-. Windes, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1916.

Affirmed.

Opinion filed December 21, 1917.

Statement of the Case.

Bill by Fehr Construction Company, a corporation, and others, complainants, against Postl System of Health Building and Chapin & Core, a corporation, the owners, defendants, for foreclosure of mechanics’’ liens. From.»a decree foreclosing liens in favor of certain intervening petitioners, the .defendant Chapin & Core appeals.

See 189 Ill. App. 519, for the appeal from a former decree.

William S. Newbttrger and Benjamin P. Ruekberg, for appellant.

M. D. Dolan, for appellees; Freeman K. Blake, of counsel.

Btjlkley, More & Tallmadge, for appellees Harty Bros. & Harty Company.

*238Abstract of the Decision.

1. Appeal and error, § 1725 * —what is effect of decision on former appeal. Questions decided on a former appeal cannot be reopened.

2. Mechanics’ liens, § 196*—when evidence shows knowledge By owners of rendering of work and furnishing of materials. A finding that defendant owners had knowledge of the work to be done and material furnished hy the respective lienors, held not against the manifest weight of the evidence, in a suit on mechanics’ liens.

3. Mechanics’ liens, § 196*—when evidence supports finding as to lienahle and nonlienahle items. Evidence held to support finding as to lienable and nonlienahle items, in a suit on mechanics’ liens.

Mr. Justice Hatchett

delivered the opinion of the court.