Marino ex rel. Surianello v. Parisi

Appellate Court of Illinois

Marino ex rel. Surianello v. Parisi

203 Ill. App. 352, 1917 Ill. App. LEXIS 240

CourtAppellate Court of Illinois

DecidedFebruary 7, 1917

DocketGen. No. 21,748

StatusPublished

This text of 203 Ill. App. 352 (Marino ex rel. Surianello v. Parisi) 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.

Bluebook

Marino ex rel. Surianello v. Parisi, 203 Ill. App. 352, 1917 Ill. App. LEXIS 240 (Ill. Ct. App. 1917).

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Opinion

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

Abstract of the Decision. 1. Garnishment, § 15

*—when cogarnishee furnishing funds to contractor may not be garnisheed. In garnishment .proceedings, where it was shown that one of the defendants had a contract with the other to furnish him the funds for constructing a certain building which the nominal plaintiff had contracted with the latter to construct for an agreed price, held that there was no claim or demand by the nominal plaintiff against the cogarnishee furnishing the funds so as to authorize garnishment. 2. Mechanics’ liens, § 62*—when right of subcontractor to lien is waived by contractor. Where a building contractor by his contract expressly waives any and all liens for himself and all subcontractors, the subcontractors have no enforceable lien. 3. Garnishment, § 69*—when garnishee paying debt after garnishment is wrongfully discharged. Where the evidence showed that a garnishee had a building contract with the nominal plaintiff in the garnishment proceedings at the time of service of process and was indebted to such plaintiff and thereafter paid him a certain sum under such contract, held that it was error for the court to discharge such garnishee.

See Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic and section number.

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Mr. Presiding Justice O’Connor

delivered the opinion of the court.

Abstract of the Decision. 1. Garnishment, § 15

*—when cogarnishee furnishing funds to contractor may not be garnisheed. In garnishment .proceedings, where it was shown that one of the defendants had a contract with the other to furnish him the funds for constructing a certain building which the nominal plaintiff had contracted with the latter to construct for an agreed price, held that there was no claim or demand by the nominal plaintiff against the cogarnishee furnishing the funds so as to authorize garnishment. 2. Mechanics’ liens, § 62*—when right of subcontractor to lien is waived by contractor. Where a building contractor by his contract expressly waives any and all liens for himself and all subcontractors, the subcontractors have no enforceable lien. 3. Garnishment, § 69*—when garnishee paying debt after garnishment is wrongfully discharged. Where the evidence showed that a garnishee had a building contract with the nominal plaintiff in the garnishment proceedings at the time of service of process and was indebted to such plaintiff and thereafter paid him a certain sum under such contract, held that it was error for the court to discharge such garnishee.

See Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic and section number.

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Bluebook (online)

203 Ill. App. 352, 1917 Ill. App. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marino-ex-rel-surianello-v-parisi-illappct-1917.