Hamilton v. Town of Harwood
Illinois Supreme Court
This was a petition for a common law writ of certiorari, to review a judgment of the Appellate Court in the case of Highway Commissioners v. Hamilton et al., brought to that court on appeal from the circuit court of Champaign county.
1Opinion of the CourtChief Justice Scholfield
This is a petition for a common law writ of certiorari. It is assumed by the petition that such a writ may be used as a complete substitute for a writ of error or an appeal, and that, by virtue of it, errors in ruling upon the law and the evidence in the progress of the trial, and in the application of the law to the facts in the rendition of judgment, may be corrected. This is a grave misapprehension. The office of the writ is. only to bring before the court awarding it, the record of the proceedings of the inferior tribunal, and the judgment must either be that the writ be quashed and a…
2Cases cited1 opinion
- Chicago & Rock Island Railroad v. FellIllinois Supreme Court · 1859
3Cited by12 opinions
- Baker v. NewtonSupreme Court of Oklahoma · 1908
- People ex rel. Maloney v. LindblomIllinois Supreme Court · 1899
- Parmenter v. Ray, County JudgeSupreme Court of Oklahoma · 1916
- Riggs v. GreenCourt of Appeals of Maryland · 1912
- People ex rel. Aeberly v. City of ChicagoAppellate Court of Illinois · 1926
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