Rimmer v. O'Brien-Green Co.

Illinois Supreme Court

Rimmer v. O'Brien-Green Co.

45 N.E. 979, 165 Ill. 31

CourtIllinois Supreme Court

DecidedJanuary 19, 1897

StatusPublished

Cited by1 cases

This text of 45 N.E. 979 (Rimmer v. O'Brien-Green Co.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rimmer v. O'Brien-Green Co., 45 N.E. 979, 165 Ill. 31 (Ill. 1897).

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Opinion

Mr. Justice Craig

delivered the opinion of the court:

This was a proceeding commenced in the Superior Court of Cook county to enforce a mechanic’s lien. Upon a hearing in the Superior Court the petitioner obtained a decree for $417.90, and interest from January 1, 1893. To reverse that decree Emma Rimmer appealed to the Appellate Court, where the judgment of the Superior Court was affirmed as to the $417.90 but reversed as to the allowance of interest, and she has appealed to this court.

This being a proceeding to collect a debt, and the amount involved being less than $1000, the judgment of the Appellate Court was final, and no appeal will lie from that judgment to this court unless the Appellate Court has granted a certificate of importance as provided for in the statute, which was not done. We have held in a number of cases that on a bill to foreclose a mortgage, where the amount involved is less than $1000, the judgment of the Appellate Court is final. (Akin v. Cassiday, 105 Ill. 22; Sedgwick v. Johnson, 107 id. 385.) The same principle governing these cases in regard to an appeal must apply to a proceeding to enforce a mechanic’s lien.

The appeal will be dismissed.

Appeal dismi8sed.

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Mr. Justice Craig

delivered the opinion of the court:

This was a proceeding commenced in the Superior Court of Cook county to enforce a mechanic’s lien. Upon a hearing in the Superior Court the petitioner obtained a decree for $417.90, and interest from January 1, 1893. To reverse that decree Emma Rimmer appealed to the Appellate Court, where the judgment of the Superior Court was affirmed as to the $417.90 but reversed as to the allowance of interest, and she has appealed to this court.

This being a proceeding to collect a debt, and the amount involved being less than $1000, the judgment of the Appellate Court was final, and no appeal will lie from that judgment to this court unless the Appellate Court has granted a certificate of importance as provided for in the statute, which was not done. We have held in a number of cases that on a bill to foreclose a mortgage, where the amount involved is less than $1000, the judgment of the Appellate Court is final. (Akin v. Cassiday, 105 Ill. 22; Sedgwick v. Johnson, 107 id. 385.) The same principle governing these cases in regard to an appeal must apply to a proceeding to enforce a mechanic’s lien.

The appeal will be dismissed.

Appeal dismi8sed.

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Bluebook (online)

45 N.E. 979, 165 Ill. 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rimmer-v-obrien-green-co-ill-1897.

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