Chesney v. Moews

I do not agree that the return to the writ of certiorari shows that the respondent had any authority to call the election. Upon the return to a writ of certiorari the record returned in obedience to the writ must be inspected by the court and the question determined by that recor-d, alone, whether or not the tribunal whose action is questioned had jurisdiction or exceeded its jurisdiction or otherwise proceeded contrary to law. Neither the allegations of the petition nor any fact not contained in the record returned can be considered. It is essential that the record returned show the…