Figueira v. Pyatt

Citations

• 88 Ill. 402

Syllabus

<p>1. Pleading—declaration on a penal statute. Where an action is based upon a penal statute, which should receive a strict construction, the plaintiff must show by averments in his declaration that the case comes within the provisions of the law, or the pleading will be subject to demurrer.</p> <p>2. Same—declaration for levying on property claimed to be exempt. In a suit against an officer to recover treble the value of property levied upon, which is claimed as exempt under the act of 1872, in lieu of the enumerated articles, the plaintiff must aver, in his declaration, that he did not have any or either of the articles made specifically exempt, or if he had a portion and not all, he must aver what articles he did not have. It is not sufficient to aver that he did not have the articles specifically exempt, specifying them.</p> <p>3. Same—declaration for levying on goods claimed under the $100 clause. Under the act of 1872, if the debtor desires to avail himself of the provision exempting $100 of other property from levy and sale, he must select the articles and claim them, and in an action against an officer for levying upon and selling the same, the declaration will be fatally defective if it fails to show such selection and claim.</p>