Illinois Central Railroad v. Tait

Citations

• 50 Ill. 48

Syllabus

<p>Judgment—in action qui tam—its form. In a qui tam action against a railroad company, for a failure to comply with the statute, requiring a bell to be rung, or a whistle to be sounded at the crossings, a judgment rendered by the court— “that the plaintiff have and recover of and from the said defendant, the sum of thirty-four hundred dollars, his debt, so assessed, as aforesaid, and that he have execution therefor,” is defective. The judgment should have been for a recovery of the money, one-lialf to the use of the plaintiff, and one-half to be paid to the State, and should have directed execution to issue in that form.</p>