Kipp v. Lichtenstein

Citations

• 79 Ill. 358

Syllabus

<p>1. Declaration—when defective, may he taken advantage of on error or in arrest of judgment. If a declaration is so defective that it will not sustain a judgment, that may be taken advantage of on a motion in arrest of judgment or on error.</p> <p>2. It is sufficient ground for the reversal of a' judgment, that the declaration shows no cause of action.</p> <p>3. Repeal op statute—effect thereof. Where the cause of action set out in the declaration was the statutory liability of the trustees of a corporation, alleged to have been organized in 1870, under the act to authorize the formation of corporations, etc., approved February 10, 1849, hjreason of the failure to comply with the 12th section of said act: Held, that, as said act of February 10, 1849, was repealed in 1857, there could be no liability incurred under it with respect to a corporation formed in 1870, and the cause of action sued upon was groundless.</p>