Commissioners of Highways of the Town of Geneseo v. Harper

Citations

• 38 Ill. 103

Syllabus

<p>1. Certiorari—the common law writ—its general purpose, and the questions arising under it. The common. law writ of certiorari, is the only mode by which the entire record of the proceedings of an inferior tribunal can be brought into the Circuit Court.</p> <p>2. That writ brings up a full and complete transcript of the record of the proceedings of which complaint is made, and when brought up, the superior court tries the case on the record alone. The trial is had by an inspection of the record, and not on any issue of fact, but of law rather, as on a writ of error. The question for the superior tribunal is, had the inferior tribunal jurisdiction of the parties and of the subject matter, or has it exceeded its jurisdiction, or otherwise proceeded contrary to law ?</p> <p>3. Same—when it will lie. So when it is sought to question the jurisdiction of Commissioners of Highways in regard to the subject matter of laying out and establishing a highway, the only mode of doing so is by the common law writ of certiorari.</p> <p>4. Appeal—from Commissioners of-Highways to the Supervisors—what questions may arise thereunder. An appeal is allowed from an order of Commissioners of Highways to three Supervisors, but the only questions for the Supervisors to decide on such an appeal, are, as to the expediency or inexpediency of the road, and the amount of damages which the appellant will sustain by its location over his land. The question of the jurisdiction of the Commissioners could not arise on such a proceeding.</p> <p>5. Highways—within what time Commissioners must meet to hear reasons for or against a road. A petition to Commissioners of Highways for the alteration or discontinuance of any road, or laying out any new road, must be posted up twenty days before any action can be had in reference to it; and the Commissioners are required to meet within ten days after the expiration of the twenty days provided, to hear reasons for and against the object sought by the petition.