McDonald v. McDonald

Mr. Presiding Justice Baker

delivered the opinion of the court.

The order quashing the writ was made upon the face of the petition, before return. Strictly, perhaps, the order should have been, if in the opinion of the court the writ had been improvidently allowed, that the writ be superseded, under the rule that the writ is quashed or dismissed only after the return has been made, while it is superseded before the return. 4 Ency. of Pl. & Pr. 234. But in Darmstaedter v. Armour, 17 Ill. App. 285, where a writ of certiorari had been improvidently allowed, an order that the writ be quashed, made…