Kusel v. City of Chicago
Appellate Court of Illinois
Certiorari proceeding. Error to the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1904. Statement by the Court.
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Certiorari proceeding. Error to the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1904. Statement by the Court. This is a writ of error to review a judgment of the Superior Court quashing a common law writ of certiorari, commanding the Civil Service Commissioners of Chicago to certify to said court their proceedings relating to the discharge of plaintiff in error from the police force of Chicago. The petition was filed December 18, 1903, and avers that the petition was discharged by said Commissioners ¡November…
1Opinion of the Court
Mr. Presiding Justice Baker
delivered the opinion of the court.
The contention of plaintiff in error that a motion to quash or dismiss a writ of certiorari cannot he made before return is without merit. In Davis v. Randall, 26 Ill., 243, the motion to dismiss a writ of certiorari was made- and allowed without a return, and the judgment was affirmed. A motion to dismiss or quash the writ because of the insufficiency of the petition is, in effect, a general demurrer to the petition and is waived if not made before return. Commissioners v. Hoblit, 19 Ill. App., 259; Schuchman v. Commissioners, 52…
2Cases cited10 opinions
- People ex rel. Akin v. KipleyIllinois Supreme Court · 1897
- Donahue v. County of WillIllinois Supreme Court · 1881
- Comrs. of Mason v. GriffinIllinois Supreme Court · 1890
- Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
- Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877
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3Cited by2 opinions
- Davidson v. WhitehillSupreme Court of Vermont · 1914
- Lindblom v. BlakeAppellate Court of Illinois · 1906