# Topping v. Brown

> Illinois Supreme Court · January 15, 1872 · 63 Ill. 348

URL: https://www.frixlaw.com/law-library/cases/6955944

## Case

- **Full name:** Marcus H. Topping v. Benjamin Brown
- **Court:** Illinois Supreme Court
- **Decided:** January 15, 1872
- **Citations:** 63 Ill. 348
- **Precedential status:** Published
- **Opinion:** Dissent by Breesethornton
- **Judges:** Breese, McAllister, Sheldon, Thornton
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6955944

## Opinion text

Mr. Justice Breese and Mr. Justice Thornton, dissenting: We think that the decree in this case should be affirmed.
The opinion is based upon the assumption that the record of the proceedings inv the suit to declare the mechanic’s lien were before and considered by the court below.
We can make no such inference from the record. The pro-, ceedings in the mechanic’s lien suit are not properly before us and we can not consider them.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6955944. Public record. Not legal advice.