Case v. Frey

The writ of certiorari was sued out to procure a review of the proceedings in the circuit court of St Joseph county, to vacate a portion of an alley in the village of Three Rivers.

The affidavit for certiorari complained of several rulings of the court, but no return has been made except of the record; and as the plaintiff in certiorari elected to go to a hearing- upon the return as it stands, the consideration of all things not appearing of record must be omitted.

The first question presented is, whether the power given by the charter of Three Rivers to the village authorities to take measures…