Frye v. Chicago, Burlington & Quincy Railroad

Citations

• 73 Ill. 399

Syllabus

<p>1. Statute construed—against Texas cattle, etc. The ninth section of the act of 1869, relating to Texas and Cherokee cattle, qualifies the first section as to what cattle are prohibited from being brought into the State, but does not apply to the provisions of the second section.</p> <p>2. Texas cattle. By the act of 1869, Texas and Cherokee cattle may be brought into this State at any time, if first acclimated or wintered in either of the States of Kansas, Missouri, Nebraska or Wisconsin; but it is made a penal offense to own such cattle, unless they shall have been brought into this State between October 1 and March 1 of the following year.</p> <p>3. Construction—rule as to statutes. Where the object of the legislature is plain, and the words of the act unequivocal, such a construction should be adopted as best to effectuate the legislative will; but a construction not supported by the words used should not be adopted, even though the consequences may lead to defeat the object of the act.</p> <p>4 Declaration—in suit for bringing Texas cattle into State. In an action against a defendant bringing Texas and Cherokee cattle into this State, by one who purchased the same, to recover damages sustained by him for a fatal disease communicated to his native cattle, etc., the declaration will be fatally defective if it fails to aver that the cattle were brought into the State between October 1 and the 1st of the following March, as, without this, his purchase and ownership is illegal, and, being a violation of the law, he can maintain no action for an injury growing out of his wrongful act.</p>