TaiLexi AI U.S. Case Law

Moser v. Matt

Philip Moser, in Error v. Jacob Matt, in Error

Moser v. Matt, 24 Ill. 198 (1860)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Illinois Supreme Court · State Highest Courts
Decided
April 15, 1860
Judges
Breese
Citations
24 Ill. 198
Headnotes
ERROR TO THE SUPERIOR COURT OE CHICAGO. In order to enforce a mechanics' lien, there must be a definite time fixed for the completion of the work.
Summary
This is a case of a mechanics’ lien. There was a demurrer to the bill, because it did not allege that any specific time was agreed upon, when the contract was made, within which the work provided for therein was to be' completed. The demurrer was sustained in the court below, and the plaintiff in that court brings the case to this.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Breese

Text extracted by OCR from a scanned original; check the original for exact wording.

Breese, J. We see nothing in this case to take it out of the cases heretofore decided by this court. It is essential, a definite time shall be alleged for the completion of the work. We cannot imply a time. We adhere to the opinions and rulings in Cook v. Heald, 21 Ill. R. 425; Same v. Vreeland, ib. 431; Cook v. Rofinot, ib. 437; Senior v. Brebnor, 22 Ill. R. 252; McClurken et al. v. Logan et al., 23 ib. 79. We can see no difference in principle between the cases, and deem it useless to go again into the argument.

The judgment of the court below is affirmed.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1862–1863: 11866–1867: 118622026peak 1862 · 1

Relies on it most ⓘ

  1. Kinzey v. Thomas28 Ill. 502 (1862)
  2. Coburn v. Tyler41 Ill. 354 (1866)

Most recent

  1. Coburn v. Tyler41 Ill. 354 (1866)
  2. Kinzey v. Thomas28 Ill. 502 (1862)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list