Chicago v. Whipple
Illinois Supreme Court
This suit was commenced in the Circuit Court of La Salle county, and by change of venue removed to Peoria county. On the 11th December, 1856, the plaintiff filed a petition in the Circuit Court of La Salle county, for a common law writ of certiorari against the defendant, for the purpose of reviewing the decision and judgment of N. Duncan, a justice of the peace of said county, rendered in favor of the defendant against the plaintiff, on the 12th November, 1853, for ¡$71.20…
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This suit was commenced in the Circuit Court of La Salle county, and by change of venue removed to Peoria county. On the 11th December, 1856, the plaintiff filed a petition in the Circuit Court of La Salle county, for a common law writ of certiorari against the defendant, for the purpose of reviewing the decision and judgment of N. Duncan, a justice of the peace of said county, rendered in favor of the defendant against the plaintiff, on the 12th November, 1853, for ¡$71.20 and costs. The petition states, in substance, that the “ Chicago and Rock Island Railroad Company,” were duly organized…
1Opinion of the CourtWalker, J.
By the English practice after judgment has been rendered, by an inferior court, the common law writ of certiorari is allowed, for the purpose of ascertaining whether it appears from the record, that the inferior court had no jurisdiction, or has proceeded illegally in the cause. When it appears from the record returned into the superior court, that there was a want of jurisdiction, or that the inferior court has proceeded contrary to law, the practice is to quash the judgment, but, in such cases it is not the practice to ascertain from extrinsic evidence whether the inferior court had…
2Cited by23 opinions
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Basnet v. City of JacksonvilleSupreme Court of Florida · 1882
- Wiggins v. City of ChicagoIllinois Supreme Court · 1873
- Schwarz v. County CourtSupreme Court of Colorado · 1890
- Merchants & Planters Bank v. FitzgeraldSupreme Court of Arkansas · 1896
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