Legal Opinion

Hyslop v. Finch

Illinois Supreme Court

Decided May 14, 1881PublishedCited by 47 opinions

Appeal from the Appellate Court for the Second Dis- ' trict; — heard in that court on appeal from the Circuit Court ,of Grundy county; the Hon. Josiah McRoberts, Judge, presiding. Petition was filed by appellee, in the circuit court of Grundy county, for a common law certiorari. An order was made by one of the circuit judges, in vacation, that the writ issue.

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Appeal from the Appellate Court for the Second Dis- ' trict; — heard in that court on appeal from the Circuit Court ,of Grundy county; the Hon. Josiah McRoberts, Judge, presiding. Petition was filed by appellee, in the circuit court of Grundy county, for a common law certiorari. An order was made by one of the circuit judges, in vacation, that the writ issue. At the March term, 1879, of the circuit court of Grundy county, by stipulation of parties, it was agreed that the facts stated in the petition should be taken and accepted as a return to the writ, and thereupon appellants moved to quash…

1Opinion of the CourtJustice Scholfield

Three questions are presented for our consideration upon this record:

First — Has this court jurisdiction, — no question of law having been certified by the Appellate Court?

Second — Is the writ barred by laches in suing it out ?

Third — Was the order of the commissioners of highways, ordering the highway tó be laid out and established, void?

1. The common law writ of certiorari simply brings before the court, for inspection, the record of the commissioners of highways; and its judgment affects the validity of the record alone — i. e. — determines that it is valid or invalid. Doolittle v. Galena…

2Cases cited6 opinions

  1. People ex rel. Decatur & State Line Railway Co. v. McRobertsIllinois Supreme Court · 1871
  2. Trustees of Schools of Town 21 N., Range 5 W. v. School Directors of Union DistrictIllinois Supreme Court · 1878
  3. Baber v. Pittsburg, Cincinnati & St. Louis RailroadIllinois Supreme Court · 1879
  4. Doolittle v. Galena & Chicago Union RailroadIllinois Supreme Court · 1853
  5. Hayes v. Ottawa, Oswego & Fox River Valley R. R.Illinois Supreme Court · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Donahue v. County of WillIllinois Supreme Court · 1881
  2. Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
  3. Jacksonville, Tampa & Key West Railway Co. v. BoySupreme Court of Florida · 1894
  4. People ex rel. Stead v. Superior CourtIllinois Supreme Court · 1908
  5. Reichert v. COURT OF CLAIMS OF STATEIllinois Supreme Court · 2003

42 more not listed; retrieve them via the Exa API.

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