Culver v. Third National Bank

Citations

• 64 Ill. 528

Syllabus

<p>1. Pleading—carrying demurrer to plea to defective counts in the declaration. Where the general issue lias not been pleaded, a demurrer to a special plea can usually be carried back to the declaration, and the judgment of the court had upon the declaration; and if that is bad, judgment will be rendered against it, on the principle that judgment will be rendered against the party committing the first error in pleading.</p> <p>2. But where a demurrer to the declaration has been overruled, and the general issue pleaded, a demurrer to a special plea can not be carried back to the declaration, for the reason that a party can not plead and demur to the same pleading at the same time.</p> <p>3. Same—substantial defects in declaration—how taken advantage of. Substantial defects in a declaration can always be taken advantage of by motion in arrest of judgment, or on error.</p> <p>. 4. Statutes—repeal by implication. If two statutes are clearly repugnant to each other, the one last enacted operates as a repeal of the former; and a subsequent statute revising the whole subject of a former one, and intended as a substitute for it, operates as a repeal of the former one, although it contains no express words to that effect.</p> <p>5. Same—act of 1849 relating to corporations, wholly repealed, by act of 1857. The act of 1857, by implication, has repealed the act of 1849 entitled “An act to authorize the formation of companies for manufacturing, agricultural, mining or mechanical purposes,” the later act relating to the same subject, and being intended, with another act, as a substitute for the former one.</p> <p>0. Coíupobatión—liability of stockholders to creditors is primary, not secondary. Under the act of 1857 relating to the formation, etc., of private corporations, the liability of stockholders to creditors of the company is not dependent upon a suit against the company and inability to collect it, but such stockholders are primarily liable.</p> <p>7. Same—declaration—su