Campbell v. Paris & Decatur Railroad

Citations

• 71 Ill. 611

Syllabus

<p>1. Equity pleading—when merments upon information and belitf are suficient. It is a general rule that, where facts are within the. knowledge of a party, he must state them positively in his pleading; but where matter essential to the determination of the claims of a complainant in chancery is charged to rest in the knowledge of the defendant, or must, of necessity, be within the knowledge of the defendant, and is consequently a part of the discovery sought by the bill, it may be stated upon the information and belief of the complainant followed by a statement that he therefore charges the fact to be true.</p> <p>2. A bill to enjoin the supervisor of a town from issuing, and a railroad company from receiving, the bonds of the township, charged, “ on information and belief, that, said company will soon demand of the supervisor of said town all or a part of said bonds, and that there is danger, unless said supervisor is enjoined from issuing said bonds, and the said company restrained from receiving the same, that said bonds will be issued and registeredHeld, that this was a specific and positive charge that there was danger that the bonds would be issued and registered, unless the supervisor was restrained from issuing, and the company from receiving, the bonds, and clearly entitled the complainant to an answer.</p> <p>3. Subscriptions to railroads—by whom, to be made. A clause in the charter of a railroad company which says, “it shall be lawful for all persons of lawful age, or for the agent of any corporate body, to subscribe to the capital stock of said company,” manifestly refers to private corporations, and confers no power upon municipal corporations to subscribe for such stock.</p>