Knickerbocker Ice Co. v. Katlinsky

Appellate Court of Illinois

Knickerbocker Ice Co. v. Katlinsky

55 Ill. App. 284, 1894 Ill. App. LEXIS 403

DecidedNovember 12, 1894

StatusPublished

This text of 55 Ill. App. 284 (Knickerbocker Ice Co. v. Katlinsky) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Knickerbocker Ice Co. v. Katlinsky, 55 Ill. App. 284, 1894 Ill. App. LEXIS 403 (Ill. Ct. App. 1894).

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Opinion

Mr. Justice Gary

delivered the opinion of the Court.

The circuit judge declined in this case to follow the opinion of this court in Maxwell v. Koeritz, 35 Ill. App. 300, holding that Sec. 4, Chap. 82, Liens, did not include, or relate to, sub-contractors. In so doing he ivas entirely justified by the 17th section of the act of 1877, establishing Appellate Courts, which provides that the opinions of the Appellate Courts “ shall not be of binding authority in any cause or proceeding other than that in which they may be filed.”

But now we give an opinion that Maxwell v. Koeritz was rightly decided here, and that opinion it will be his duty to follow. Oldershaw v. Knoles, 6 Ill. App. 325.

The decree dismissing the bill is reversed and the cause remanded.

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