People ex rel. Loomis v. Wilkinson
Illinois Supreme Court
Ti-ie petition shows, that the petitioners had sued out a writ of capias ad respondendum against one Henry W. Sims, upon which the sheriff arrested him, and, at his request, took him before the county judge, at his chambers, who, upon an ex parte hearing, and without any notice having been given to the plaintiffs in the writ, made an order discharging Sims from the arrest.
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Ti-ie petition shows, that the petitioners had sued out a writ of capias ad respondendum against one Henry W. Sims, upon which the sheriff arrested him, and, at his request, took him before the county judge, at his chambers, who, upon an ex parte hearing, and without any notice having been given to the plaintiffs in the writ, made an order discharging Sims from the arrest. At September term, 1852, of the Ogle Circuit Court, the petitioners caused a motion in wilting to be filed, asking that a writ of certiorari facias should be issued out of that court, directed to Spooner Buggies, county…
1Opinion of the Court
Catón, J.
The wilt of certiorari is familiarly known to the common law, and the Court of King’s Bench has always been in the constant practice of awarding it to inferior courts and special jurisdictions, commanding them to send up their records for inspection, whenever it is shown that they have exceeded their jurisdiction, and in cases where appeal or writ of error would not lie. Holt, C. J., in Groenvelt v. Burwell, 1 Ld. Raymond, 471, said, “ Where any court is erected by statute, a certiorari lies to it; so that, if they perform not their duty, the King’s Bench will grant a mandamus.” And…
2Cited by25 opinions
- Stratton v. Wenona Community Unit District No. 1Illinois Supreme Court · 1990
- Donahue v. County of WillIllinois Supreme Court · 1881
- Rossetti Contracting Co. v. Court of ClaimsIllinois Supreme Court · 1985
- Comrs. of Mason v. GriffinIllinois Supreme Court · 1890
- Brown v. VankeurenIllinois Supreme Court · 1930
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