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· 1/15/1882

Basnet v. City of Jacksonville

Citations

  • 18 Fla. 523

Syllabus

<p>1. A common law writ of certiorari to quash proceedings of an inferior jurisdiction does not issue as matter of right, but on cause shown to this court, or to a Justice thereof in vacation -; nor is it the duty of the court, even where a case of irregularity in proceedings is shown, properly remediable by this process, to issue it under all circumstances ; nor is it the duty of the court to quash the proceeding returned after such writ has issued and the return has been filed in all cases of illegality, irregularity, or even want of juris- • diction. . • ,</p> <p>2. A common law writ of certiorari does not serve the purpose of a writ of error or appeal with a bill of exceptions as known to our practice. If the court has jurisdiction, and there is no irregularity or illegality in the procedure, the certiorari must be quashed.</p>

Judges: Westcott

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