Waddle v. Duncan

Citations

• 63 Ill. 223

Syllabus

<p>1. Penal statute—construction of. Strict construction must he given to penal statutes. All facts necessary to constitute an affirmative case in providing for their violation must be set out and proved.</p> <p>2. Thus, when the statuté authorizes suit to be brought by an elector of a town for obstructing a highway, the fact that the party suing is an elector must be shown, and will not be presumed.</p> <p>8. A plaintiff, having failed to show that he filled the character of an elector of the town, made no title to the penalty, nor shows any right to sue for it.</p> <p>4. Admission—plea in abatement. When an informer is required to sustain a particular character, and fails to make it out, such character will not be taken as admitted, although no objection or plea in abatement is interposed.</p>