Smith v. Burrillville Town Council

The only question presented for decision in this case is whether the return to a common law writ of certiorari should set out the evidence upon which the judgment or finding complained of was based. This question was practically answered in the negative by this court in the case of Moroney v. City Council of Pawtucket, decided at the present session, (ante, p. 2) in which case it was held that certiorari brings up nothing for review except the record proper of the proceeding, of which the evidence before the tribunal below, strictly speaking, forms no part and which it is, therefore, under no…