, 1876-07-24
TIE COURTS.
Liens of SUBJ contractors.-.lnter.
est on Winnetka Bonds.
d Receiver Asked for 8. ]. Walker..-
Record Of Now Suits.

e4' ~ %h< 4A@A ~ ApAO%s1utl&Gkui AW AANtN4til4H
furnlshcd or work done 10 4 bulldng. 1t np-
pesred from the evidence that lilo appcllccs fur
ntshel %, 20 worth Of lumber to una James
Barker 70 ho uac1 In the construction Of house
for appellants; appcllees not being paid, fled q
petition and obtained = decree for the above
amount, md an appeal was taken on several
grounds.
II was Qrat Urged that tho petition ras de-
fectivc In not stating when tho work was to be
completed, and when the money was
to 10 paid under the agreomcnt, but
the Supreme Court held that advantage
should Lare been taken Of such defect by wuy
Of demurrer, Alld that Il was waivc.l by tho
appellants filing an answer. The petition rza
not 50 hefcctYc "a not 10 be sufficient tu sustain
the decree. Az 70 another objection that LAe
aub-eontraetor's Hen VIVA only ea-txtcna've with
t,,ae % , ttlc principal contractor. ihe Supreme
work, and the appellants thcrcin expressly
Iust. Tho Increased work Ione beyond tic
contract price was provided for in the contract,
gtvon 70 suh-contrucsorh thus attached To The
money due for tho. additional work - COM
plctcSy as To tho work done under the spcciflca-
ttona, because Il was as completely within the
aEreemcnt between tile owner and con-
tractor. 1t was not necessary to confer tho
lien that the price should lie agreed on for eaeh
item II tho construction Of tlu building, nor
tas tue a, a1'1n'i. t9 ec pala should BE- lxc
whether ANYTHING was due on the outside work,
fust-
1t was urged that nothing WIS tluo Barker, as
no had settled With appellants. hut appellecs
could not bo bound by any settlement nude H.
then axaa. The notice must DO served "twcnty
days after the completion Of The contract, or
within twenty days after payment should have
6een naae to tue person performing such labor
the statute %as IN tnc alternative, aud the sub
contractor lad his option To give
notice Within twenty days after pay
meat ;, foil due, or .twonty days
aftef f ,,t the , hs compilation S1 hs Tos
tho limited ti1,o therefor II would complete his
licu from that time, md the owner could not avail
himself OF any payment made to tho principal
contractor after such notce TO defeat tic lien u
the aub-contractor. But II ha delayed until
tract, he only acquired lien OH whatever the
owner might then owu thu first contractor. lie
could not thus reach aty sum paid after his pay
meut % fell due, a1d before hS gave tllc notisc.
That seemed to bc the obvious meaning OF tho
provision OF the law. Tie decrce vaa Affirmed,
Messrs. Walker, Dexter, anu Blnith for tho ai
pcllants.
1 QuKsTIoN or INTEREST.
morning ~ Judge BIod get "a s1 to wletler i
party could recover. interest on a clam for
money TINT had not been received, the clroun-
sta,1eca being as follows: The Village Of Win
netka son,s years ago Issued bonds Y aid IN
present sutt bought same: Not being pall
either principal Or lntercat, he brought suit for
thu interest, tho principal not being due. The
5, s1pl,eIne a court however, haytng :trtually dc,
thH anti &YuI rt1Rrnf frt nor1,t nr,t3
. recovery was Ind Under tho count for money
had and received. The Judge, however, hcl1
the casc for some time, otbciug certain whether
Interest could bc recovered on the principal;
on tilc groand that L tls piaintifI was entitled
cover interest nt the legal rate, per cent,
the general rule being thAt II party could rc-
cover interest oil money loaned, whether there
ment was therefore rendered for the amount Of
the principal aud interest, amounting to about
Sd WALKER.
a motion WAS mAdo Saturday morning before
Judge Williams In tho caae Of ]. II. Mcmillan
ys; Samuel J. Walkcr ct r., creditors 1ll, for
euss!on, and after each party had shown BY
recent deSis'orls of the Supreme Court diau1ct-
Judge refused to appoint any Nceclycr, partly
because 1t WAS not shuwn tLat j. Receiver was
necessary Immediately, but principally bucause
the Supreme Court had mt1cd up the
Law 70 clIcctually that he could not tell how to
decide, i seen,s that In. QUE opiutou Justice
Scott hold that lsecelrcr could not ba up
pointed except wleu u was shown To bo Iui-
reratlvoy ndeosaary, Willie Justice Scllulacld, in
auathor caso recently reported TIE In'auAE,
held that ths appointment. Of n Receiver fol-
lowed - matter ot course IN Il crcGitDr's bill.
Judge Williams could not tell Which OF thu two
Judges Of tho supranle Court ahnull be fol
lowed, md Wisely foEbore to commit himself;
An injunction, however, was granted us prayed
tn tho hill, unlpr holld for s3,tOo.
LYMAa y5. LYMAN.
a week ago III abstract OF q bill by Mary +.
Lyman W: frank Lyman, hnr husband, and
Inonias lllggips was published In TAR THU
crooked dealings. Saturday he 1iled Ills answer
admitting tho allegations "a TO the marriage
mud tue conyeyanca 70 hin Ut his solicitation 4t
Ills wlfe's property, but denies that he got pos
married her Tor hef nonoy. Tho wnole trouble
between him and Ills wife, be charges, has been
caused by ter brothor-ln-law, dcorEc G.. Flnncy.
Finally, Lymnn' says that, as hoon Us ho ro-
s ffo t toaTog3 b voluntarily s asssd
ferrcsl to lilul, whie! lie thinks Ia Of itself
sufficient nvftlenco that he had no s!ufstcr OF
Fraudulent buttons ia marrying her, and the
t'tIa Is now Of record ~ hcr nalnc.
NEWrAx CAsE3.
Tho Chicago & Alton kailr0atl Company fllel
a bill Saturday in the circuit Cpurt against l..
G. Huck, and tho County Collectors ot VIII,
urundY, Livingston, Mclean, Logan, Hangalnuls,
Macoupin, Madison, Ut. Cair, LaSalle, Marshall,
Woolturd, TuxewelI, Maaon, Cass, Menar.l,
Murgan, Scott, Greelt, Jersey, and Flko Cuun.
ties, to restrain tse collection Ut the tnr for
1874 OH the capltal stock Ut its roal nnt1 of its
leased ltpcs, the Joliet s. Chicago, the Aitun u
81. Louis, ul,d tic 81. Louis, Jacksonville L.
Chicago Railroads. and another tu RESTRAIN, the
collection Of the same taxus for lB75. TITS Gill
eagu u Alton lsoa1 claims to lc Obliged to EAy
the taxes On tho tangible property ot It's leased
llacs, but not on the capital stack. Varinua othor
objections ara tuatte tho ulust u which are old,
having been urged before IN tue numerous tux
caaes Which lllvc bcen hearll within the past
ulsee years. Temporary lnjunytpns were Issued
In casis caso ty Judge Rogers under bond given
for $500, QUO IS security III cach case, md leuyr
was given to apply for dissolution uf tbs In
junction on ten days' nosicu 10 complainant.
DtY0HCEs.
Caroline Matbaucr ti!cl bill Saturday charg-
Ing her husbaud 0oorgc 3fa!bauer with destrtIoll,
mud asktng for 4 divorce.
tirurge lgnatx 4asa wnnts dlyorco from Ills
wife Mary for silulfAr c4use.
ITEMS.
In tllo case OF tho Frunklin Savings Hank Of
PaMtuckct 70. Lyman Bridges, ct a., Judge
Hl0I}rEtt SAturlnF AnDnintel q. r. f1oyNr Hl..