Voightmann & Co. v. Cross-Conklin Co. , 183 Ill. App. 312 ( 1913 )

Mr. Justice Duncan

delivered the opinion of the court.

4. Mechanics’ liens, § 202^*—when judgment may he rendered against contractor. Where in a subcontractor’s action in assumpsit under the Mechanics’ Liens Act, § 28, J. & A., If 7166, against the owner and contractor, no lien is established against the owner, judgment may he rendered against the contractor. 5. Process, § 2^*—party served with, summons must he made defendant. Serving a summons on a party without making him a party defendant to the suit does not make him a party defendant.