Pearson Lumber Co. v. Brady (159 Ill. 378, 1896)

Mr. Chief Justice Craig

delivered the opinion of the court:

In 1891 the Pearson Lumber Company, in a proceeding to enforce a mechanic’s lien, obtained a decree in the circuit court of Cook county for $686.59. To reverse this decree the defendants in error prosecuted a writ of error in the Appellate Court. On a hearing in that court the decree of the circuit court was reversed and the cause remanded, with directions to dismiss the bill. To reverse the decree of the Appellate Court this writ of error has been sued out.

The defendants in error have entered a motion to dismiss the writ of error for the want of jurisdiction. If plaintiffs in error have the right to maintain this writ of error the right is conferred by section 90 of the Practice act. (Hurd’s Stat. 1084.) Under that section of the statute, where the amount involved exceeds $1000, or where a freehold is involved, a writ of error may be prosecuted. Here the amount involved was less than $1000, so that no jurisdiction can be claimed on the ground that the amount in controversy was sufficient to confer jurisdiction. '

The only remaining question is whether a freehold is involved. As has been seen, the proceeding was one to enforce a mechanic’s lien. The petition was filed by James H. Pearson & Co., in which it was alleged that on or about the first day of November, 1888, Prank E. Brady, then the owner of certain described real estate, entered into a contract with petitioners, whereby petitioners agreed to furnish certain material to be used in the erection of a building on said premises, and that said Brady agreed to pay for said material on April 16, 1889; that petitioners furnished said material, and the same was used in the erection of said building; that there is due to petitioners, from said Brady, on account of said material, the sum of $686.59. The petition ma