(770 ILCS 30/10) (from Ch. 82, par. 210)
Sec. 10.
In all actions prosecuted under the provisions of this act,
the court or jury, who shall try the same, or make an assessment of
damages therein, shall in addition to finding the sum due to the
plaintiff, also find that the same is due for the cost of shoeing the
horse, mule, ox or other animal described in plaintiff's claim for lien
and is a lien upon the same: Provided, however, that if the court or
jury shall find the amount due the plaintiff is not a lien upon the
property described in the plaintiff's claim for lien, the plaintiff's action
shall not be dismissed thereby if personal service of summons has been
had upon the defendant, but the plaintiff shall be entitled to judgment as in other
civil actions, but in such case, said plaintiff shall not recover or tax
any costs other than those allowed and taxable in such case; and in
those cases where the amount due is found to be a lien upon the property
mentioned in plaintiff's claim for lien, the finding or verdict may be
in the following form: "The court or jurors as the case may be, say that
there is due to the plaintiff, the sum of $.... from the
defendant and that the same is due for his reasonable charges for
shoeing the animal mentioned in plaintiff's claim for lien and that the
plaintiff has a lien upon said animal for said amount," and in such case
the fee paid by the claimant to the recorder for filing his
claim for lien shall be taxed as part of the costs of the suit.
(Source: P.A. 83-358.)
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