Commissioners of Highways v. Smith
Illinois Supreme Court
Writ of Error to the Circuit Court of Adams county; the Hon. Albert Akers, Judge, presiding. This is a writ of certiorari in the circuit court of Adams county, .issued upon the petition of the defendant in error, Elmer C. Smith, against the commissioners of highways of the town of McKee, and Frederick Kaylor, a justice of the peace, commanding them to certify and bring up to the circuit court of Adams county the record and all the proceedings in and about the establishment…
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Writ of Error to the Circuit Court of Adams county; the Hon. Albert Akers, Judge, presiding. This is a writ of certiorari in the circuit court of Adams county, .issued upon the petition of the defendant in error, Elmer C. Smith, against the commissioners of highways of the town of McKee, and Frederick Kaylor, a justice of the peace, commanding them to certify and bring up to the circuit court of Adams county the record and all the proceedings in and about the establishment of a certain public highway. The return to the writ showed a petition for the road, notice given upon the filing of said…
1Opinion of the CourtJustice Magruder
When the return is made upon the issuance of the common law writ of certiorari, it is the duty of the superior tribunal, which in this case was the circuit court, to try the case upon the record alone. The record, as it is returned in obedience to the writ, must be inspected, and the only matter to be determined is, whether the inferior tribunal had jurisdiction or not, or whether it exceeded its jurisdiction, or otherwise proceeded in violation of law. The matter cannot be tried upon the allegations, contained in the petition for the writ, or on facts not contained in the record returned.…
2Cases cited9 opinions
- Commissioners of Highways of the Town of Geneseo v. HarperIllinois Supreme Court · 1865
- Commissioners of Highways of Sonora v. Supervisors of Carthage, Prairie & MontebelloIllinois Supreme Court · 1862
- Shinkle v. MagillIllinois Supreme Court · 1871
- McManus v. McDonoughIllinois Supreme Court · 1883
- Kieckenapp v. SupervisorsSupreme Court of Minnesota · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Funkhouser v. CoffinIllinois Supreme Court · 1921
- Hahnemann Hospital v. Industrial BoardIllinois Supreme Court · 1918
- Powell v. BullisIllinois Supreme Court · 1906
- Town of Kingston v. AndersonIllinois Supreme Court · 1921
- Southworth v. Board of EducationIllinois Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.