Bowman v. People

Citations

• 114 Ill. 474
• 2 N.E. 484
• 1885 Ill. LEXIS 631

Syllabus

<p>1. Pleading—of the declaration—in personal action to recover taxes. In an action of debt, to recover taxes due upon lands forfeited to the State, it is essential that the declaration allege the fact, not only that the defendant was the owner of the real estate against which the delinquent taxes are charged, but also the- further substantive fact that he was' such owner at the time such taxes became a charge against the real estate. A failure to allege these facts affords grounds for arresting the judgment.</p> <p>2. Amendments and jeofails—defects in pleading cured after verdict. If a declaration omits to allege any substantive fact which is essential to a right of action, and which is not implied in or inferable from the finding of those which are alleged, a verdict for the plaintiff does not cure the defect.</p>