Legal Opinion

Trustees of Schools of Town 21 N., Range 5 W. v. School Directors of Union District

Illinois Supreme Court

Decided January 15, 1878PublishedCited by 26 opinions

Appeal from the Circuit Court of Mason county; the Hon. Lyman Lacey, Judge, presiding.

1Opinion of the CourtChief Justice Scholfield

The only question we deem it necessary to consider in the present case is, whether appellee should be held to be barred from inquiring into the validity of the act of detaching territory from the one school district and adding it to the other, by reason of the laches in suing out the certiorari.

The writ of certiorari, when used for the purpose of correcting the proceedings of inferior tribunals, is not a writ of right, but it issues only upon application to the court, upon special cause shown. Bath Bridge Co. v. Magonn, 8 Greenleaf, 293; Drowne v. Stimpson, 2 Mass. 44; Lee v. Childs, 17 id.…

2Cases cited4 opinions

  1. People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
  2. Ex Parte J. B. Elmendorf v. Mayor of New-YorkNew York Supreme Court · 1841
  3. In re LantisMichigan Supreme Court · 1861
  4. Towns of Rockingham & Grafton v. Town of WestminsterSupreme Court of Vermont · 1852

3Cited by26 opinions

  1. People v. PfanschmidtIllinois Supreme Court · 1914
  2. Hyslop v. FinchIllinois Supreme Court · 1881
  3. Clark v. City of ChicagoIllinois Supreme Court · 1908
  4. People ex rel. Moloney v. Pullman's Palace Car Co.Illinois Supreme Court · 1898
  5. State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898

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