Legal Opinion

Kinsloe v. Pogue

Illinois Supreme Court

Decided December 22, 1904PublishedCited by 25 opinions

Writ op Error to the Appéllate Court for the Second District;—heard in that court on writ of error to the Circuit Court of DeKalb county; the Hon. George W. Brown, Judge, presiding.

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Writ op Error to the Appéllate Court for the Second District;—heard in that court on writ of error to the Circuit Court of DeKalb county; the Hon. George W. Brown, Judge, presiding. This is a petition for a writ of certiorari, filed in the circuit court of DeKalb county by certain citizens and legal voters of said county, to require the county court of said county to send up its record wherein said county court had ordered an election to be held in said county for the purpose of voting upon the proposition to remove the county seat of that county from Sycamore to DeKalb. The petition was in…

1Opinion of the CourtJustice Hand

It is first contended thq circuit court was without jurisdiction to issue the writ. The law is too well settled in this jurisdiction to now be questioned, that the circuit courts of this State may award the common law writ of certiorari to all inferior tribunals and jurisdictions within the State where it appears that they have exceeded the limits of their jurisdiction or where they have proceeded illegally and no appeal is allowed or other mode provided by law for reviewing their proceedings. (People v. Wilkinson, 13 Ill. 660; Whitmer v. Commissioners of Highways, 96 id. 289; Commissioners…

2Cases cited7 opinions

  1. Littell v. Board of SupervisorsIllinois Supreme Court · 1902
  2. Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
  3. Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877
  4. Thompson v. Multnomah CountyOregon Supreme Court · 1861
  5. People ex rel. Loomis v. WilkinsonIllinois Supreme Court · 1852

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3Cited by25 opinions

  1. Brown v. VankeurenIllinois Supreme Court · 1930
  2. People v. McWeeneyIllinois Supreme Court · 1913
  3. Conover v. NewtonSupreme Court of North Carolina · 1979
  4. Goodfriend v. Board of AppealsAppellate Court of Illinois · 1973
  5. First National Bank & Trust Co. v. RosewellIllinois Supreme Court · 1982

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