Schmitt v. Edward Hines Lumber Co.
Appellate Court of Illinois
Certiorari proceeding. Appeal from the Circuit Court of Cook County; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the March term, 1905.
1Opinion of the CourtJustice Ball
The motion to quash the writ admitted that the material facts of the petition, so far as they were well pleaded, were true. Such a petition must stand on its own merits, and must be tested by itself, without extraneous support. Davis v. Randall, 26 Ill. 245.
The right to a writ of certiorari is controlled by the statute, and the petition therefor is construed strictly against the petitioner. Cushman v. Rice, 1 Scam., 565; Davis v. Randall, 26 Ill., 243; Doan v. Sibbit, 61 Ill., 485; First Nat. Bk. v. Breseford, 78 Ill., 391; The President etc. v. Kemper, 88 Ill., 579.
The statute provides that…
2Cases cited8 opinions
- First National Bank v. BeresfordIllinois Supreme Court · 1875
- Hanchett v. WilliamsAppellate Court of Illinois · 1887
- Jarrett v. PhillipsIllinois Supreme Court · 1878
- Davis v. RandallIllinois Supreme Court · 1861
- Doan v. SibbitIllinois Supreme Court · 1871
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3Cited by5 opinions
- Davidson v. WhitehillSupreme Court of Vermont · 1914
- Antrim v. Guyer & Calkins Co.Appellate Court of Illinois · 1945
- Couch v. Illinois Central RailroadAppellate Court of Illinois · 1919
- Simpson v. SligarAppellate Court of Illinois · 1926
- Auman v. J. Hungerford Smith Co.Appellate Court of Illinois · 1951