Sunbeam Heating Co., Inc. v. Chambers

Full title: Sunbeam Heating Company, Inc., Plaintiff, v. Edward W. and Mary C…

Court: Appellate Court of Illinois, Chicago, First District

Date published: Feb 10, 1944

321 Ill. App. 629 (Ill. App. Ct. 1944)

53 N.E.2d 294

Opinion

Gen. No. 42,591. (Abstract of Decision.)

Opinion filed February 10, 1944 Rehearing denied March 9, 1944

MECHANICS' LIENS, § 153^_ — when evidence does not sustain finding of service of process. Order of circuit court, vacating order whereby decree in mechanic's lien suit was vacated on ground of lack of service of process on owners of property, held required to be reversed by reason of fact that, even if owners had knowledge of suit after process had allegedly been served on them, evidence did not sustain finding that such service on them actually had been made.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. WALTER J. LA BUY, Judge, presiding.

Order reversed and cause remanded with instructions. Heard in the second division, first district, this court at the February term, 1943.

Albert E. Lake, for appellants;

Joseph B. Gilbert, for appellee.

Opinion by PRESIDING JUSTICE FRIEND.

Not to be published in full. Opinion filed February 10, 1944; rehearing denied March 9, 1944.