Kilgore v. Ferguson

Citations

• 77 Ill. 213

Syllabus

<p>1. Pleading—general rule. It is a familiar rule of.pleading that facts only should be stated, and not arguments or inferences, or matter of law. Thus, in an action against officers for refusing to approve an official bond, it is not sufficient to allege generally that the bond was good and sufficient. The facts should be stated which will show it to be in compliance with the requirements of the statute.</p> <p>2. Case—against hoard of supervisors for not approving treasurer’s bond given to release former sureties. In an action on the case, by a county treasurer, against members of a board of supervisors, to recover damages for their refusal to approve the treasurer’s bond given in lieu of a former one, on notice by his sureties, the declaration simply averred that the bond was good and sufficient, but failed to show, by the statement of facts, that it was such a bond as the statute required, or-that it was executed and filed in the time required after the service of notice on him: Held, on general demurrer, that the declaration was fatally defective, and showed no right to recover.</p>